I have applied H1B though Employer A and the Petition got approved on April24th, 2013. I was in India during that time and was working full timefor Employer B. And in the month of August , 2013 the sameyear, I went for Stamping. But the Consulate has issued 221g to me toprovide more information. After a week, I have received an email from Hyderabad consulatestating the reason for refusal or revoke of my VISA in an attachment. Since my H1B VISA got rejected, I continued to work for Employer B. And inthe year 2014, Employer B has applied L1B VISA and VISA was issued to meon June 19th, 2014. And I travelled to US on November 1st , the sameyear. And I am currently in United States.Now i want to do a status change of my L1B to H1B and transfer to a new employer C. So i still fall in the CAP exempt? or do i need to Apply a new H1b? My current H1B is valid until Oct, 2016.
What’s the current status shown online for your H-1 receipt number?
Hi Saurabh- Below is what is shown as of now in USCIS for my Receipt number.
“On November 5, 2013, we issued a notice for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC1312950804. Please follow the instructions in the notice. If you do not receive your notice by December 5, 2013, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.”
The employer who filed my H1B petition is least bothered to reply me take the case further.
From the date mentioned in the online status and the used text, it looks like USCIS started the process to revoke the petition based on your visa interview. If USCIS did revoke the petition, then you cannot make use of it.
If you can find another employer, you can talk to their attorney and they can see if it is really revocation and end of road for that petition, or if it can still be used for cap-exempt purpose.