H1b Revoked after Approval-Am I Cap Exempted?

[Ramanathan.Seattle]

I entered united states in H4 visa and then filled my H1B through consultancy on April 2013, The H1B Petition got approved and start date for work is Oct 2013, The employer asked us to sign a contract for 1 year which we didn't agree upon and he didn't provide us Job and salary without signing the contract. so he REVOKED the petition now, So I left from US to Canada and Re-entered US on H4 visa, Now I have found a new employer who is willing to Provide me a Job.


My Questions are

Can I use the same H1B receipt to transfer my visa to new employer, Am I cap -exempt or have to wait till next April 2014 to file my H1B visa?
I Just have my case number , Is that enough for the new employer to file my H1B?

Do we need to submit any additional documents to prove our case, Kindly advise...

 

[jairichi]

I entered united states in H4 visa and then filled my H1B through consultancy on April 2013, The H1B Petition got approved and start date for work is Oct 2013, The employer asked us to sign a contract for 1 year which we didn't agree upon and he didn't provide us Job and salary without signing the contract. so he REVOKED the petition now, So I left from US to Canada and Re-entered US on H4 visa, Now I have found a new employer who is willing to Provide me a Job.

My Questions are

Can I use the same H1B receipt to transfer my visa to new employer, Am I cap -exempt or have to wait till next April 2014 to file my H1B visa?

I Just have my case number , Is that enough for the new employer to file my H1B?

Do we need to submit any additional documents to prove our case, Kindly advise...

 

You took a right decision. Appreciate that. Yes, you are cap exempt. New employer can file a cap exempt H1B petition and on approval you can begin to work.

[Bhakti]

Can you tell me if that worked? Did u get your H1B Cap exempt? I am in the similar situation.

[sms1978]

On 30/7/2015 at 1:27 PM, Bhakti said:

Can you tell me if that worked? Did u get your H1B Cap exempt? I am in the similar situation.

Dear Friends, Can you please tell me as I am also in same situation like you most of attorney says this should work and some says it will not...there isnt any clarity as its a grey area...please your comments will help me ..God bless

[sms1978]

On ‎11‎/‎21‎/‎2013 at 11:51 PM, jairichi said:

You took a right decision. Appreciate that. Yes, you are cap exempt. New employer can file a cap exempt H1B petition and on approval you can begin to work.

But as my case was similar to this one, i got Denial why I am NOT CAP EXEMPT? can we file again? below is my details ....

1. I entered US on H4(dependent of my spouse visa i.e. filed by X company) on 6th September 2016.
2. I also had my H1B petition filed by a ABC company, from Bangalore. The petition got "Approved" in September 18th 2016, by the time i was already in US on H4 visa. - COS was not filed by ABC employer.
3. Further, When I resigned ABC company in October 2016, They "Revoked" the H1B petition which was "Approved", and below are details - a. On 18th September 2016 - H1B Petition was "Approved" b .On 23rd November 2016 - H1B Petition was "Revoked".
4. Next, I tried for H1B Cap Exempt with "XYZ" company using H1B petition in April 2017 under premium processing, but got RFE for Client letter and also questioning why I am "Cap Exempt" (Basically USCIS came back saying, they has reached numerical CAP and I am NOT CAP Exempt ).
5. Further, After replying to RFE, USCIS Denied the petition saying I am “Not Cap Exempt” as I need to go through lottery again,they accepted Client Letter/other docs, but USCIS said they are "Denying" due to Numerical CAP limit.

PS - The H1B visa was NOT Stamped for the petition that was "Approved". I  meant to say I didn't work even a day also on this H1B approved petition .

Do I have any hope, as I have personally spent money to  Attorney to get my case clarified earlier...but want to know if this can be worked? pls help.. God bless..

Thanks