Current H1b revoked due to filed withdrawal by Petitioner, Can I come under H1b cap exempt to file a new H1b?

[hgohil]

Hi Experts/ Friends,

Background:

I need your help to understand the scenario with my H1 B visa.

An employer Filed H1b for me, got 3 years approval. Went for Stamping, and issued 221g form. Exactly after 1 year my employer requested USCIS to withdraw my H1b as it has been pending at the consulate. Then USCIS revoked my petition as of Current date.

I am outside US more than 1 year now. I haven't used full 6 years on H1 visa. Can I come under H1b cap exempt to file a new H1b? Few people saying that my H1 status is not valid, I can’t come under cap exempt. Is that true?

If anybody have faced the same situation or know about this issue please share your experiences.

Thanks for your advise in advance.

[R1212]

Hello hgohil,

I am in the same boat.

"" I had approved H1b for 2010-2013 (Employer-A), during this period i visited India and get stuck due to H1B stamping-221g query. After submitting the requested documents to US Consulate, Now USCIS has made the decision to revoke my petition in March 2013.

US Consulate and USCIS took 2 years to take this decision, they asked me to submit the documents several times during this period and Yes We did submit all the documents but Unfortunately, I get negative reply. So I am out of USA for more than 2 years.

If i file new H1 with new Employer-B, Am i count in H1b Cap? ""

Anyone Please reply us, Its urgent.

Thanks in advance..!!