File a new h1b now with old receipt number

[cherryp]

I moved from employer A to employer B in mid April 2015. Employer A filed h1b and it was picked up in lottery. Got a receipt number.  As I changed employer, my h1b cancellation was initiated by employer A in June 2015. My STEM OPT is till december 2015. I asked my employer B to apply for a new H1B with the receipt number from employer A, but the lawyer said it can't be done as the cancellation request was sent by employer A.

 

Now I got a message from my university asking me to upload my h1b copy as my status was changed on October 1st it seems. I am no longer on OPT according to my university. 

 

I am in dilemma as I don't have a status now - no h1b with employer B and no OPT.

 

Can you please suggest me - can my employer B file a new H1B now claiming me to be under CAP exempt using the employer A receipt number ?  

[jairichi]

Since the petition was revoked before Oct you are not cap counted. You need to apply again next year & go through lottery.

[cherryp]

Since the petition was revoked before Oct you are not cap counted. You need to apply again next year & go through lottery.

 

Thanks for the reply.

 

Can I reactivate my STEM OPT now? I am confused about my legal status now - my university says I am on H1B and my employer says they cant file a H1B. 

[cherryp]

Since the petition was revoked before Oct you are not cap counted. You need to apply again next year & go through lottery.

 

Also the petition is not cancelled completely.. it is in pending state. Will this be of any help?