H1B Petition Filing/withdrawal

Hi Saurabh,

I would be grateful if you could answer my following queries ASAP:

  1. Can a US company that was started 2 years back & has current staff strength of 12 employees file around 40 H1B petitions for the same fiscal year? Is there some cap/limit to the nuumber of petitions that can be filed?

  2. Can an employer (US) withdraw a H1B petition after receiving the EAC receipt notice &/or after approval?

  3. If he can and does so then what happens to the candidate i.e can the candidate(employee) still proceed (with the remaining steps of H1B prcocess using the same petition that was is filed or approved and was subsequently withdrawn by the employer) with another willing employer.

  4. Does the employer who initiated/filed the petition at the outset and withdrew later, get the refund of the petition filing fee?

Awaiting your prompt reply.


  1. Yes company can file if they can show they have project that req 40 staff, possible if company is growing or expanding it’s operations

  2. Yes any time it can withdraw, but since your application is counted in Cap so using same Cap you can find another employer to file transfer

  3. Candidate can not proceed with same employer, need to find another. advantage for new employer is they can file h1b for you considering same CAP so need not to wait for next FY h1b window to open

  4. he does not get refund, infact in some cases company need to pay addition fee for this service to USCIS