subject to H1B cap??? Please advise

[sg1010]

Hi,

I'm looking for some information. I had come to HYD for my visa stamping and my petition was sent back to USCIS for review (EC model).Right now, my H1B petition is being reviewed by USCIS as part of their post decision activity. It's almost been a month since they started the review and I'm still awaiting an udpate.

The question is: In the unfortunate event that my petition gets revoked (preparing for the worst), would I be subject to H1B cap again if I need to get a new employer/current employer file a new petition?

Your responses would be of great help! Thx!!

[leo_maverick]

You are already counted towards cap, so you can find a new employer to file a petition any time. So the answer to your question is obvious NO.

[sg1010]

Thx Leo!