H1B petiton approved, later withdrawn. Cap Exemption or not?

[vikas.nikuu]

 

Hi,

 

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

 

Petition Validity: Oct-2014-Sep 2016.

 

I never got the visa stamped and never joined employer A. 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.  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). 

3. 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, 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/

 

And please do not post the same question multiple times. Thank you.

[jairichi]

1. Yes, employer would have done so as you have not joined them.

2. You are cap exempt.