How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29018
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

I will be resigning from my current company who is the

This answer was rated:

I will be resigning from my current company who is the sponsor of my H1B petition

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

What is your question?


Customer: replied 24 days 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 Ludwic and other Immigration Law Specialists are ready to help you