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I will be resigning from my current company who is the

sponsor of my H1B petition...
I will be resigning from my current company who is the sponsor of my H1B petition
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Answered in 1 minute by:
9/26/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,767
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Customer reply replied 8 months ago
My current employer is my sponsor of H1B petition. Once I resign from my current company , company will inform to USCIS. I am at present outside US. My qs is can my next employer file a new application using reference of my current petition under CAP exempt category.

To be clear, you have been employed under the cap H1B petition. Therefore, if a new employer wishes to file a petition for you then you would not be subject to the quota again. You may use what is called "remainder time" under the previously filed H1B petition for up to the 6 year limitation.

You will not be able to return on the H1B until the new petition is approved.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,767
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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