Getting into the quota

S

skd100

New Member
Hi,

I applied for a H1B with a private organzation sometime back and got approved. But things did not materialize and i could not join that company (no pay-stubs were generated) and they had to terminate my H1B.

Now if i apply for a new H1B, will i be again counted into the quota because no pay-stubs were generated from the earlier H1B, or will i not be counted into the quota because i was already counted once in a 6 year time.

Thanks,
-skd
 
skd100 said:
Hi,

I applied for a H1B with a private organzation sometime back and got approved. But things did not materialize and i could not join that company (no pay-stubs were generated) and they had to terminate my H1B.

Now if i apply for a new H1B, will i be again counted into the quota because no pay-stubs were generated from the earlier H1B, or will i not be counted into the quota because i was already counted once in a 6 year time.

Thanks,
-skd
Click to expand...
It depends on whether your former employer actually notified the DHS that they would not be using your H1B before you started working for them. If they did, then that H1B goes back into the pool of available H1Bs, and you become "H1B-less". That means you would need to apply against the new quota, not as a person who has already been counted.

If they did not notify the DHS that they wanted to cancel your H1B, you are already counted, and you don't have to apply against the new quota.

Finally, if you entered the country using their H1B, you have already been counted in the quota, regardless of whether you actually were paid or not. In this latter case, you should be able to apply without being counted in the quota.
 
What is DHS?

"It depends on whether your former employer actually notified the DHS that they would not be using your H1B before you started working for them."

How could an employer possibly use my H1B before i start working for them? And, how should the employer notify the DHS that they will not be using the H1B before i start working for them?

Thanks,
-skd
 
skd100 said:
What is DHS?

"It depends on whether your former employer actually notified the DHS that they would not be using your H1B before you started working for them."

How could an employer possibly use my H1B before i start working for them? And, how should the employer notify the DHS that they will not be using the H1B before i start working for them?

Thanks,
-skd
Click to expand...
DHS = Department of Homeland Security

Sorry, I made a mistake in phrasing, and the late hour when I posted my message is to blame :o . What I meant to write was this:
"It depends on whether your former employer actually notified the DHS that they would not be using your H1B when you could not start working for them."

As to the last question, the employer simply writes to the DHS, telling them that a particular H1B that they had petitioned for, and that the DHS had approved, will not be used. Why it will not be used can really be any reason, e.g., the beneficiary decided to work for someone else, or the beneficiary decided not to come to the USA, etc.
 
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