Is H1B petition revoked by USCIS in 221g still cap-exempt


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The consulate has sent my case back to USCIS with recommendation that it be revoked. If USCIS revokes it, will I be still eligible for cap exempt. What are the chances of success in change of employer and change of status.

If this is your first H1 then you are not cap exempt.

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  • 3 weeks later...



Can I come under Cap exempt quota  by using any of the below mentioned 2 petitions?


The details of my old petitions are:

1. 2007 H1B petition: Out of 6 years during I used only for 2 months. Rest of the duration is not used.

2. 2014 H1B petition: Applied through XXX consulting LLC. This petition was Approved, but in visa interview they refused to give the VISA. Consulate sent the notice to USCIS to revoke.

Now my current company in India, wanted to send me to USA on H1B visa, By chance can I come under Cap exempt quota by using any of the above 2 petitions?





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