Can H1 transfer is possible based on earlier H1 B revoked petition?


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1st H1B stamped  through Employer X 

Details: Issue Date --  NOV 2008  -- Expiry SEPT 2011


Employer Y transferred my H1B through CAP exempt after SEPT 2011 and got approved & stamping done from India

Details: Issue Date --  Feb 2012-- Expiry  Sept 2014


Employer Y  revoked my H1B in Jun 2014 


Now i am in India, can i use revoked petition to do H1B transfer through Employer Z under CAP exempt from India ?


Kindly Suggest.


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H1 revocation is completely irrelevant for you. It is an administrative thing that the employers are required to do by law when the person on H1 is no longer working there.

So, forget about the revocation.


If you haven't used up the whole 6 years, you are cap-exempt. If you have been abroad for at least a year, you have a choice: get the remainder, cap-exempt, or have the employer file under the cap and get a new 6 years.

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Thanks a lot  Joe , ,rohang, usimmi14 for your replies.


Below is complete information about my case. Mine is complicated issue, Kindly help with your valuable suggestion.


1st H1B stamped  through Employer A (Visa details:Issue Date --  NOV 2008  -- Expiry SEPT 2011)

But i stayed & worked in US during JAN 2010 - APRIL 2011 ( 1.5 yr)


I moved to India, Employer B transferred my H1B through CAP exempt after SEPT 2011 and got approved & stamping done from India(Visa details:Issue Date --  Feb 2012-- Expiry  Sept 2014)

But i stayed & worked in US during JULY 2012 - JAN 2013( 6 months). 


I moved to US in Mar 2014 on Employer B visa and worked for 2 months, Employer C transferred my H1B in Mar 2014, It got denied on July 22nd 2014 ( reason:Employer-employee relation), After that MTR is opened. 

I came to know that Employer Y revoked my petition on July 23rd 2014.

With out knowing about my revocation , Employer D transferred my H1B in Sept 2014, , Received RFE asking my status( from July 2014 - Sept 2014) & employer - employee relation.

So, i dont have status and moved back to India in Jan 2015.I already crossed 180 days period in US. Falled under 3 year ban. 


After i came to India in Jan 2015,  My h1 got approved  and expires through Employer C(Which MTR is reopened) in Aug 2015 , but Employer C is not responding, i did not go for stamping in India. 



1)Will my out of status period ( from July 2014 - Sept 2014) will become invalid? as my MTR result is positive.Please confirm.

2)How the 6 years H1B period is considered , Is is based on actual period of stay in US or visa issued dates ?

3)Now i am in India, Which is best option- Can i use Employer C approved petition or Employer B  revoked petition for H1 transfer through Employer E ? 

4)Employer E is saying, he will use Employer B  revoked petition to do H1B transfer under CAP exempt from India , what are the chances of getting approval?

5)Employer C petition will expires on Aug 2015 , after that can H1 trasfer is possible under CAP exempt through any of the Employer?

6)I am looking for long term carrier in US, will these Immigration causes impact on my GC process.


Kindly suggest.

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