H1B petiton approved,if later withdrawn.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

[vikas.nikuu]

Hi,

 

Could you please clarify my below query ?

 

case:

I'm in India presently and had my H1B petition approved through Employer A(US Consultancy) in 2014.  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. Let's assume If my employer A (US Consultancy)  withdraws /cancels my h1b petition now ( in 2015)   then

 

a. Can  my present Indian employer file  new cap-exempt petition now (July 2015)for me based on the above approved case? 

 

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

 

c. I do not have the hard copy or scanned copy of approved I797A. My employer has shared complete picture of I797A  where  bottom half of the document is clear and not the top one. Case number is clearly visible . Is that enough for the transfer ?

 

2. Is USCIS doing H1B transfer in "Premium Processing" now? my I797A validity: Oct-2014-Sep 2016.

 

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

 

Any advise appreciated.

 

Thanks,

Amit

[JoeF]

The employer is required by law to inform USCIS that you are not working there. So the H1 is most likely revoked.

From 2014 on, USCIS considers such H1s to be invalid and not be counted in the quota.

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