H1B 2012: Using approved petition totalk to an employer

Question

My employer filed an H1B petition (Oct 2011) for me under premium processing and I received a mail communication of petition approval with 3 years’ validity. I never went for visa stamping. As I did not agree on salary terms, employer said they will be withdrawing the petition. After that, I did not receive any communication and still see my case status as 'approved' on USCIS website (which must be last updated status and may not be the latest, not sure).

 

Status on USCIS is:

“On xx-xx_xxxx date, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice.”

 

I am still employed with my employer and want to pursue an opportunity with another employer in U.S.

 

 

Please clarify the following:

 

If withdrawal was done (I am not ware whether they really did it or not), will it restrict the new employer file a new petition for me using the old EAC number under cap-exempt?

 

In case of withdrawal was already done will I be considered as out of 2012 cap or I will be considered as cap-exempt for another employment opportunity in this cap?

In a nutshell, I decided not to go with the current employer as the salary is pretty low
and now, I want to find another employer. What will happen to my H1B petition which was already approved if my current employer initiates/initiated withdrawal of petition?

 

Thought of adding note: I have never been to U.S before on any other visa and I am working from India itself.

Answer 1

Since you have already the petition approved. you can go for Change of status with other employer. Petition withdrawal will not affect your change of status. Not travelled to  US is not a issue.

Thanks

Vivek

Comments

Thanks for answering the question. As this is my first visa experience I am really not sure about the terminology.

I don't have i-797 with me. Company's lawyer must have received it. I never went for visa stamping also. You meant to say still I can talk to an employer? Please also clarify what is change of status.

Thanks again.