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New petition while the current h1b got NOIR

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I came to India for my h1b visa stamping. I got 221g in interview. Later my employer received "Notice of Intent to Revoke". They mentioned gross error in the NOIR. My employer responded within 30 days to the NOIR. It has been nearly 60 days we submitted the response. We haven’t heard anything from USCIS. Now my client requesting me to get to the location ASAP. My employer checked with attorney that new filing wouldn’t be under CAP. So, employer planning to file a new h1b petition in premium.  Currently I am in India with a valid I-94.
1.    Can we file a new petition in this situation?
2.    What are the chances of getting approval for new petition?
3.    What will happen to the old petition if we file new one?

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