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What happens to the H1B applications which got rejected in…

What happens to the H1B...
What happens to the H1B applications which got rejected in FY2018? Does it create a vacant slot for an employer to file H1B cap exempt until 30th Mar 2018? If this is possible, please provide more details.
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Answered in 56 minutes by:
3/13/2018
Expert James
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Category: Immigration Law
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I'm confused by your question. If an H1B is cap exempt, then they do not have to wait for any specific date to file, not are they subject to H1B cap limits. That's why it is called a cap - there a limits to those that are cap subject. If they are cap exempt, there are no limitations on the number or date of filing.

So can you rephrase your question for me?

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Customer reply replied 5 months ago
Rephrasing my question: What happens to the H1B applications which got rejected in FY2018? Does it create a vacant slot for an employer to utilize that vacant slot H1B until 30th Mar 2018? If this is possible, please provide more details.
Ok. That does not really help, as it’s almost exactly the same question. I’ll try to provide an answer to what I think you’re asking. If it doesn’t answer your question, let me know.Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job.
Keep in mind that my job is to provide you with information, whether the outcome is what you had hoped for or not. Only telling you what you to hear is not the purpose of this site and it doesn't do you any good. So if you are upset about the outcome but the quality of my customer service is good, please do not give me a negative rating. I am only a messenger. If you need more information, feel free to reply and let me know - I am here to help you.ANSWER: An H1B that is rejected by the USCIS is treated as if it it was never filed. And since the lottery fills up so quickly, it’s unlikely that the slot will be available all the way until March 30, 2018. And it certainly doesn’t make it cap exempt.Now if you are asking whether a petition is accepted in the lottery, the H1B is approved, but the employer decides not to move forward, the “slot” doesn’t remain vacant or available to the employer to fill with someone else. Unused cap space is not earmarked for the employer to use; it is put back in the pool for any employer to use as if it is still a lottery case. Again, it is unlikely to be available until March 3018.I hope that answers your questions.▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.
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Expert James
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Customer reply replied 5 months ago
Thanks for your response. Your response says that "Unused cap space is not earmarked for the employer to use; it is put back in the pool for any employer to use as if it is still a lottery case". I was asking the same question on "How to know such available slot in USCIS". There should be some way to know how many such vacant slot is available in USCIS so that an employer can apply for that slot within 30-Mar-2018 before FY 19 H1b filing starts. That's a reason I opted for second opinion
There’s no problem with getting a second opinion. I was just making sure I understood your question and answered what you were asking.
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