Is this petition considered as cap exempt?

[49ers]

Hello Friends,

 

I was in USA for four years on F1 visa completed my masters and worked on OPT for two years. Employer filed H1b in 2012 in Master quota and came to India in the month of September 2012 and attended H1b Visa interview in Hyderabad in October 2012. US Consulate refused visa under section 221g because client didn’t confirm contract and sent the petition back to USCIS.

 

After that I have no Information and started working from January 2013 to a new employer here in India. Now new employer wants to apply for H1b.

 

since I never entered the country back in 2012 on new visa and the  status of 221g from USCIS was unknown. does I need a new H1B visa subject to the quota or Can I reactivate the old H1B?. 

 

Or new employer apply for h1b as cap exempt petition?

 

I really appreciate any comments/suggestions.

 

Thank you.

[rahul412]

Yes you are cap exempt.

[49ers]

Please help me how to convince my employer to file under cap exempt now!. Please helpme out as this is a rare opprtunity from genuie employer.

Thankyou.

Below is his response.

"Thank you for the additional information. After reviewing your case with my legal team, since you never entered the country back in 2012 on your new visa and the 221g was not resolved, you will most likely need a new H1B visa subject to the quota (you would not be able to reactivate the old H1B). We can stay in touch and keep you informed of future opportunities when the new CAP season opens next April."

[rahul412]

I don't have website links to support you, you need find it on internet and share it with that employer.

[rahul412]

http://forum.murthy.com/index.php?/topic/77535-h1b-petition-revoked-cap-exempt-query/

[49ers]

Thanks for your time. I will still searching USCIS weblinks to find the information. 

[kamal3]

some example scenario’s discussed in the Murthy forum.

 

http://forum.murthy.com/index.php?/topic/42333-h1b-transfer-to-new-employer-based-on-expired-h1b-petition-for-old-employer/

 

http://forum.murthy.com/index.php?/topic/60702-can-i-use-unused-h1b-for-the-quota-of-2008/

 

http://forum.murthy.com/index.php?/topic/86557-h1b-cap-exempt-filing-rfe-trouble/

 

http://forum.murthy.com/index.php?/topic/73728-last-minute-h1b-cap-questions/page-2