Can I use existing quota ( FY 2013 ) for a fresh H1B Application ?

Asked almost 2 years ago - Albany, NY

I was working in MN in L2 EAD visa for company A . My employer agreed to file an H1B for me that time . They filed L . C . A and H1B without all supporting documents . It got an REF . In the mean time i moved to NY due to my Husband's job transfer and moved to 4 visa . Employer A not interested in my H1B ( since i moved to NY ) and finally withdrawed my H1B petition . Now Company B in NY told me they have a position in their hand and they can get my H1B using the previous quota . Is this possible ? Is quota allotted to person / company ? if quota is allotted to me then I believe I can proceed with the proposal otherwise not . Please give me advice in this matter . Thanks

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . I agree with my colleague.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  3. Christian Schmidt

    Contributor Level 19

    3

    Lawyers agree

    Answered . The petition is subject to the cap and you must wait until October 1, 2013 before you can start working in H-1B status.

  4. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No. The FY2013 quota has all been used up.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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