Can we reinstate the withdrawn Previous H1-B?

Hi I was on H-4 visa and later my H1-B was processed and I was working for a while.

After working for 4 months I stopped going to work and changed my status back to H4.

My employer told me that he will withdraw my H1-B but I am not sure if he did it.

If I find an employer who can sponsor H1-B can I reinstate my H1-B or I need to go for new H1-B against h1-b cap ?


If you have the receipt notice or the receipt number, you will be conisdered as cap-exempt for a new employer…

Hi Marvin.
Do you think, even my case can be cap exempted?

Last year I had my H1B approved. Came down to India, went for stamping, was given a 221g. Responded to the first 221g, again was sent the 2nd 221g asking for more details on the client project (what they normally ask for internal projects, even though this was a client project).The client obviously weren’t in a mood to reveal all that, so ended up revoking my H1B. Now that I had an approved H1B, will I fall in the “CAP Exempt” category. My current company in India wants to file my H1, but since CAP is almost getting over, I wanted to know if I fall in the CAP exempt category?

BTW. is the CAP over for 2012-2013? No updates yet on the USCIS website.

Waiting eagerly for your guidance



Do you know if USCIS revoked your petition? If no, then you are eligible for cap-exempt petition. If USCIS did revoke it as part of 221g process, then you may not use it for cap-exempt purposes (check this w/ an attorney though).

Hi Saurabh,
Thanks lots for your reply sir. My company checked with their attorney and he has given a go ahead !! They are filing my petition under the cap exemption category. My H1 is still not revoked but will be revoked soon as it takes time for that to be done. But have already applied for revocation. The attorney didn’t ask anything much about had it been revoked or has it not been revoked, all that he said was, if H1B approved last year, then you can go ahead in the exempted category …
Thanks again Saurabh