Skip to main content

Can a withdrawn petition be used to file a new one

Jacksonville, FL |

My previous employer withdrawn an approved petition for H1b (2012), because I left the company.
1) Can I get the details of my petition, Like EAC number from any place.
2) Can any new employer file H1b Petition, Do I need to undergo the CAP.

3) what all information does my new employer need from my old petition. My previous employer is not willing to provide Petition details.

+ Read More

Attorney answers 4

Posted

The employer must withdraw the petition and the underlying LCA. Your petition is likely in the Public Access File which you should be able to review. Whether or not you're currently in status pursuant to a cap subject petition will determine if a new employer can file for you.

Asker

Posted

thanks for the reply, Where can I access the Public Access File.

Philip Alan Eichorn

Philip Alan Eichorn

Posted

The employer who filed the LCA and the H-1B must maintain it.

Asker

Posted

How can I determine whether I will be cap exempt for this year

Philip Alan Eichorn

Philip Alan Eichorn

Posted

If you're working on an H-1B, ask your employer if it was a cap subject or cap exempt filing. These are all conversations you should be having with your current employer and if you're changing jobs then with your potential employer.

Asker

Posted

thanks Philip, I am actually not working now, I am looking for a new employer.

Posted

No.

Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com

Posted

For CAP exception purposes, yes.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Asker

Posted

Thanks Segal, One more question, what all information does my new employer need from my old petition. My previous employer is not willing to provide Petition details.

Posted

Your situation depends on issues not disclosed in your question and it also time sensitive. I suggest your new potential employer contact an experienced immigration attorney to determine whether he/she is qualified to employ you for an H visa.

Kyndra L Mulder, Esquire
4110 Southpoint Boulevard, Suite 101
Jacksonville, Florida 32216
904 296-7702
(Across from the USCIS in Jacksonville)

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer