Confusion on cap exemption


Recommended Posts


I am in a great confusion and getting contradictory replies to this question.

I have one approved H1b petition filed by an employer while I was in India. The visa was also stamped.

I never visited US through that petition and visa and the 3 year period of that (before renewal) got expired but the 6 year cap is still valid.

Then I left that employer who filed my petition.

Now I am on H4 and looking for COS to H1. I am not sure whether the employer who filed the petition has revoked it or not.

Just in case the employer has revoked it, can a new employer file a new petition using the cap from existing petition and can I be cap-exempt?

Kindly suggest.

Link to comment
  • 2 weeks later...


This topic is now archived and is closed to further replies.