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

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


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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

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Thank you sir. Company B told me they can get my H1B with new client using my previous H1B Quota(petition withdrawed by company A)? Is that possible?



I can wait till oct 2013, but is it possible by another employer to use the quota - previous petition filed by a different company and it has been withdrawed in jan 9 th 2013


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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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 .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova

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