Eligibility for Cap exemption

[VIKRAMRAJIV]

Hi,

 

Back in 2012, i had filed application for H1B visa. My petition was approved. However, due to some personal reasons i could not switch to the job on that petition. Subsequently, i came back to India in March 2013. Now, when i tried to attend consulate interview for getting visa stamping on same approved I-797A, i was told that my petition has been revoked. I guess that it was revoked due because it was lying idle. 

 

My question is that whether i am eligible to file fresh application under cap exemption or not.

 

Please help.

 

Thanks

[jairichi]

Employer by law has to revoke your H1B petition when you do not work for them. You went for stamping without checking with that employer?

 

Yes, you are cap exempt and an employer can file a cap exempt H1B petition.

[rahul412]

Yes