I graduated from college in May 2012. I got a job offer from a US company in December 2012 and they filed for my H1B petition in April and it got approved. Currently the status of that application is still “Initial Review”. I have another better offer from a different US company right now - can they file for my H1B now so that I can start working October 2013 onwards, i.e. will I be cap-exempt since my first H1B petition filed in April 2013 got approved in the lottery?
Many thanks.
Yes, the new employer can file a cap-exempt petition for you using the old approved petition as reference. Do you have a copy of the approved 797?
Yes, I do have a copy of approved 797C with me. Many thanks for the clarification.
I had a follow-up question - can I still file for the H1B with the other company B if my original petition with company A (filed April '13) is withdrawn or denied due to company A reasons? It is in initial review right now but need to know this since Company A will withdraw my application if I let them know I won’t be joining. Thanks again.
If it is denied or withdrawn before approval, then it cannot be used for cap-exempt purpose. Once it has been approved, it can be used for this even after A withdraws the petition.
Thanks again for the clarification.