Need Information on H1b Cap Exempt

[sunilreddy72]

Hello,

I am Sunil from India, it would be really helpful, if some one answers my below question.

I got my H1B petition approved in March 2012 which is valid till Oct 2014. Due to some urgent job commitments i had to travel to UK and i'll be require to stay here in UK beyond Oct 2014 working on current assginment. I have not used my approved H1B and visa is not stamped.

My Question is - Will i be able to apply for new H1B under cap exempt after Oct 2014. if yes, then till what time i can apply for new H1B under cap exempt after Oct 2014. Do my new H1B under cap exempt have any impact of not using my earlier H1B.

Thanks,

Sunil

[Attorney_11]

_{The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above the USCIS may deny a new H1B petition filed as cap exempt. However, we have seen situations where USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued.}

[ashukla]

Hello experts,

i have a qick query over the H1B cap exempt status, one of my H1B petition got approved in Dec 2011, I appeared for visa interview in Jan 2012, where i got white slip for 221G...... later my case was sent back to USCIS in March 2012 and in Feb 2013 USCIS contacted my employer asking client letter, eventually it can not be produced as I out of client contract........ so finally USCIS has revoked the previous decision made on my case.

Question - am I Still eligible for H1B cap exempt, if a new employer wants to file a new petition for me. ???

Please provide your valuable inputs over this........thnx in advance