Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration
USCIS policy is that if your brother has an approved petition that was not revoked by the petitioning employer prior to the effective date he can use that cap quota number for a petition filed by a new employer and not be subject to the cap.
He needs either the I-797 Notice of Action approval notice of the H1B
petition or he needs a copy of the actual approved petition which he can obtain throu a FOIA request using form G-639 for the new employer to attach to their petition for new employment and change of status from F1 to H1B.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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