H1B Cap exempt on revoked petition

[ragavi87]

 

My current employer filed for H1B during April 2012 and I got my H1B petition approved in Nov 2012 with Validity Nov 2012 to Nov 2013.

Got my stamping in Jan 2013. I got my H1B stamped till Nov 2013.

 

I traveled to US in April 2013. After working in US for couple of months i applied for VISA extension with my current employer.

I got a new petition I797A valid from Dec 2013 to Dec 2014.

 

days passed i went to India in July 2014 got my VISA stamping done valid till dec 2014 and i came back to US in August 2014

 

In Sep 2014 i applied for visa extension and got my new petition I797A valid till dec 2015.

 

Now its August 2015. I have resigned my organization due to personal emergency and i ll be leaving to India in 2 weeks time.

 

My employer will revoke the petition. Thats for sure.

 

Overall I have my H1B visa used for 2.5 yrs out of 6yr period.

 

In India i ll work with a new employer from Jan 2016.I am in plans to come back to US in June 2016.

 

Since only 2.5 yr of H1B being used, ll it be possible for me to get back my remaining 3.5 yrs back  from my new employer in India(it has office in US as well) through cap exempt ?

my understanding is that since i traveled to US on April 2013 6yrs would actually be April 2019.

On or before April 2019, i ll have the time to raise a cap exempt to get back my remaining 3.5yrs of my H1B?

 

[jairichi]

Any time a new employer can file a cap exempt H1B petition to get remainder years.