H1B Cap Exemption eligibility of withdrawn petition

[azhar.ss]

Hi - I got my H1B petition filed by my employer "A" approved in Dec-2010. I did not get stamped that time and resigned from employer "A" and joined employer "B". I rejoined employer "A" now. I just checked the status of my previous petition in USCIS website with the receipt number and it shows status as "Post Decision Activity". But my employer "A" says he had withdrawn my approved petition after my resignation in Dec-2010 itself. I want to know if my employer "A" can file H1B again for me as cap exempt using the old approved petition which he claims now as withdrawn already.

 

Thanks in advance.

[jairichi]

Any employer can file a cap exempt H1B petition.