Approved H1B Revoked by Employer before Oct 1st - Am i Cap-Exempt?


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I am in US since 2011 on L1-B Visa.


My same employer applied for H1B in 2014 and it got approved but they revoked it just before Oct 1st because they want me to continue on L1B only.


i am reaching my max out period of 5 year in 04/2016


Now my same employer is planning to apply for H1B as Cap-Exempt.


I am hearing many stories that if H1B is revoked before Oct 1st and you never been in H1B status then you won't be counted under the cap.


Please Advise - will i be rally Cap-Exempt?



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What if it was revoked after October 1st?

If it was a COS, then the person would have started working for the H1 employer. Then a transfer is possible.

If it was an H1 with consular notification, then the person would have had to get an H1 visa and enter with that visa to start working for the H1 employer.

So, the main thing is: the person has to start working with the H1 employer. Only then is the person counted for the quota, and an H1 transfer is possible.

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If you have not joined H1B employer by then still you will not be cap counted. Check with an attorney.

Thanks for the reply. Is this a new rule? Do you know of anyone whose petition got rejected because of this issue? And Do you know of anyone who was received an RFE and had success getting it approved? Thanks..

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