Hi,
Last year, a US company A had filed an H-1B petition for me which got approved for a period from Oct 2012 to Sep 2015. However, I never joined this company A and never obtained an H-1B status (since I did not travel to the US). This year (2013), I have been speaking to a different company (company B) who indicated that it is quite likely they will give me an offer in June/July of this year. Essentially, they are quite keen on hiring me and I am quite keen on joining them, but there are some headcount issues that they resolving.
My question is: since I have a previously approved H-1B petition which is valid through Sep 2015, will this company B be able to file a new H-1B petition for me exempt from cap even though I never obtained an H-1B status and never worked with company A on my previously approved H-1B petition. Needless to say, the reason I am asking this question is because I am concerned the 2014 cap will be filled by June/July and my prospects with this company B will end if they cannot file the petition exempt from cap.
I am happy to consult a lawyer on this matter as well, but do you have any recommendations for me? My only concern is that based on my research on the internet on this subject, it seems like not many lawyers seem to appreciate the fact that this matter is quite involved. I would like to speak with someone who is an expert in this area and appreciates the intricacies of the matter, so that he can guide me in the right direction. Thanks again for your help.
Last year, a US company A had filed an H-1B petition for me which got approved for a period from Oct 2012 to Sep 2015. However, I never joined this company A and never obtained an H-1B status (since I did not travel to the US). This year (2013), I have been speaking to a different company (company B) who indicated that it is quite likely they will give me an offer in June/July of this year. Essentially, they are quite keen on hiring me and I am quite keen on joining them, but there are some headcount issues that they resolving.
My question is: since I have a previously approved H-1B petition which is valid through Sep 2015, will this company B be able to file a new H-1B petition for me exempt from cap even though I never obtained an H-1B status and never worked with company A on my previously approved H-1B petition. Needless to say, the reason I am asking this question is because I am concerned the 2014 cap will be filled by June/July and my prospects with this company B will end if they cannot file the petition exempt from cap.
I am happy to consult a lawyer on this matter as well, but do you have any recommendations for me? My only concern is that based on my research on the internet on this subject, it seems like not many lawyers seem to appreciate the fact that this matter is quite involved. I would like to speak with someone who is an expert in this area and appreciates the intricacies of the matter, so that he can guide me in the right direction. Thanks again for your help.