H1B revoked after stamping(2015) - not traveled to US

[chakravarthi09]

Hello ALL,

I have a stamped H1B in my passport (2015 to 2018) and not traveled to US.  After stamping of one month USCIS reopened my case and revoked the case after 4 months. The reason for revocation is the site visit to employer by USCIS. Shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

Thank You.

[premkalyan521]

1 hour ago, chakravarthi09 said:

Hello ALL,

I have a stamped H1B in my passport (2015 to 2018) and not traveled to US.  After stamping of one month USCIS reopened my case and revoked the case after 4 months. The reason for revocation is the site visit to employer by USCIS. Shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

Thank You.

Your h1 might be invalid as your employer couldnt prove that , your employer has a job for you. So USCIS has revoked the h1 petition. 

 

 

 

[chakravarthi09]

Shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

[chakravarthi09]

On the same day of my case reopen (RFE), few more employees of my employer got RFE. They also got revocation along with mycase. Since they are in US and already working, changed their status to H4. After few days of revocation another employer filed H1 transfer and it got approved.

Since I am in INDIA and it applies to my case as well? What I mean is shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

[JoeF]

16 hours ago, chakravarthi09 said:

On the same day of my case reopen (RFE), few more employees of my employer got RFE. They also got revocation along with mycase. Since they are in US and already working, changed their status to H4. After few days of revocation another employer filed H1 transfer and it got approved.

Since I am in INDIA and it applies to my case as well? What I mean is shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

 

The difference is that you never worked for the employer on the H1. USCIS nowadays may consider the H1 not being counted for the quota because of that.