H1B revoked Cap exempt?

[Jiveandlive]

Hi My H1B  was revoked as I lost my job. Am I still eligible for Cap exempt? I had some time left on original H1B petition.

 

Thanks,

 

[jairichi]

Yes, you are.

[wiweq]

Yes, you are still eligible for cap exempted H1b. You have total 6 years quota of cap exempted H1b. 

[JoeF]

H1 revocation is completely irrelevant for you. You are not counted again for the quota if you still have some time left, regardless of H1 revocation or not.

[vikas.nikuu]

Hi,

 

Friends i have a question. Any advise appreciated.

 

 

I'm in India presently and had my H1B petition approved by the USCIS through Employer A(US Consultancy) in 2014 when i was in 

 

US through Indian company.

 

Petition Validity: Oct-2014-Sep 2016.

 

I never got the H1B visa stamped and never joined employer A since I am still in India and working with the same indian 

 

employer 

 

My query :

 

1. Can my employer A (US Consultancy)  withdraws /cancels my h1b petition since i have not joined him yet.? 

 

 

2.  If my employer A (US Consultancy)  withdraws /cancels my h1b petition -

 

2.1 can  my present Indian employer file for a new cap-exempt petition based on the above approved case? I have the approved 

 

I797A document picture ( shows case number). 

 

2.2  Am I eligible for Cap exempt for next 6 years since mine is approved case which is never used nor expired yet ? 

 

I researched many topics and forums, and some people say "yes", some "no". not sure what is correct ?

 

 

I eagerly await your response!!

 

Thanks,

Amit

[JoeF]

Since you never started the job, the H1 became invalid, and you are not cap-exempt.

http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

[jairichi]

 

Hi,

 

Friends i have a question. Any advise appreciated.

 

 

I'm in India presently and had my H1B petition approved by the USCIS through Employer A(US Consultancy) in 2014 when i was in 

 

US through Indian company.

 

Petition Validity: Oct-2014-Sep 2016.

 

I never got the H1B visa stamped and never joined employer A since I am still in India and working with the same indian 

 

employer 

 

My query :

 

1. Can my employer A (US Consultancy)  withdraws /cancels my h1b petition since i have not joined him yet.? 

 

 

2.  If my employer A (US Consultancy)  withdraws /cancels my h1b petition -

 

2.1 can  my present Indian employer file for a new cap-exempt petition based on the above approved case? I have the approved 

 

I797A document picture ( shows case number). 

 

2.2  Am I eligible for Cap exempt for next 6 years since mine is approved case which is never used nor expired yet ? 

 

I researched many topics and forums, and some people say "yes", some "no". not sure what is correct ?

 

 

I eagerly await your response!!

 

Thanks,

Amit

 

1. Since you did not join them they would have withdrawn your H1B petition as employer has to do so by law.

2. You are cap exempt.

[userTexas11]

Hi Jiveandlive,

 

URGENT.

 

I need a quick clarification from you reg. a scenario/issue that you had posted at http://forum.murthy.com/index.php?/topic/89219-h1b-revoked-cap-exempt/.

 

Please email me at ***************@gmail.com.

Let me then get you my questions, Thank you.

 

Regards,

Kumar

Edited January 6, 2016 by MurthyAdmin
Members who wish to share their contact information may do so by updating their profile with the information they wish to share.

[Tutun1206]

This is an interesting scenario and should give more  information/clarification on the topic of Revocation and Cap-Exempt when beneficiary did not travel to US on the Initial Original Petition.

1) Initial original  Petition-I 797B  Approved by USCIS from start date 1 st OCT-2015  valid till September-2017 , filled by Petitioner/Employer A

2) H1B VISA stamped in India in  March-2016 valid through SEP-2017

3) Beneficiary did not travel to US on that Visa/ Petition and did not join Employer A in US and never travelled to US

4) Petition Revocation requested by Employer A  and petition Revoked by USICS on 6 October 2016

5) Candidate applied for Cap-exempt petition  with Employer B on 20th  April -2019

6) Petition Approved by USICS as  Cap-exempt  around August-2019-Petitioner/Employer -B and Valid till March-2022

7) H1B VISA stamped with new petition -Employer B

8) Candidate/Beneficiary is now working in US with Employer B