H1 Out of CAP filing eligibility

[Max007ind]

Hi,

I first came to US on H1B in 2006 and have used almost all of the entire 6 years of my H1B. This did not happen in one go since I used to go back to my home country as soon as work assignments were complete. My last work assignment in US was in 2015 and I went back to my home country on December 2015 with nearly 20 days left to complete my 6 years of H1B. After that I switched company in my home country. After a year, in December 2016, I received an email from USCIS that one of my extension petitions that was approved in 2012 has been revoked by USCIS. I'm not sure what caused this. But my guess is my previous employer filed for revocation after I left the company. I have the below questions

1. Can my current employer file for H1B out of Cap using my previous petition in which I had 20 days left? Can H1B be filed out of cap by employers who are not the original first petitioners? 

2. What does the revocation notice that I received indicate? I have already completed working in US in the period of revocation. How to find more details about this without contacting my previous employer?

[pontevecchio]

Revocation is an administrative necessity and does not affect you. How will getting 20 days of non cap H1 help you?

[Max007ind]

If H1 out of cap is possible, I can check whether my employer can file for GC after H1. It might take another 8 to 10 months for Labour / I140. But seems to be easier than CAP lottery for new H1. Is this possible?

[pontevecchio]

You have the cart before the horse. Unless you have PERM or I-140 pending 365 days or have an approved I-140, non cap H1 extensions beyond 6 years are not possible. Mothing precludes you from having a sponsor file a cap subject H1 petition for you this April.

[Max007ind]

Thanks pontevecchio..Then the quesion is, Can my new employer file for PERM and I140 now when I'm outside US. Should they refer to my earlier H1 on which I have 20 days left?