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Company A has filed H1B for me for FY2014. Can my unapproved H1B petition be reused by Company B a year later?

Torrance, CA |

I work for Company A on L2-EAD which expires in Jan-2014. They have filed H1B for me for FY2014 on April 1st 2013. Due to my health reasons I 'might' quit working for Company A after a month or so, take a break this year and start working next year. By this 1 month, Company A would've received my H1B receipt.

In case I join Company B around Feb 2014 in India and they want to file a H1B for me, can my previous petition be reused(so that I am not subject to FY2015 cap)? Or should they wait until April-2014 to file a new H1B petition?

Is there any way for Company B to reuse the H1B receipt in Feb 2014 and process the same petition(so that they need not file a new petition in April-2014 and wait until Oct-2014 to send me to the US)?

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Attorney answers 1


No. H-1Bs are company specific. Additionally an "unapproved" one cannot be used for any purpose.

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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