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Posted on 25 Jun 2010
Q.

H1b application for two fiscal years pending

I am on F-1 visa pursuing my Masters. I got an job offer from company A while I was in my third semester based on my bachelors degree. So company-A filed for H1b in general quota in Nov 2009 for fiscal year 2010. In May 2010, it was denied as it did not establish the employer-employee relationship properly. I graduated in june 2010 and found an employer-B willing to file an H1b for fiscal year 2011 in cap-exempt quota with premium processing. Meanwhile, company A told me that USCIS automatically re-opened the case.

Considering both my H1b cases are active,

1) will the F.Y 2010 case be cancelled if the FY 2011 case approves first or vice-versa?

2) will the last action rule play here?

User's Location: New York, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 25 Jun 2010
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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