H1 B : Cap Exempt

HI Team,

I might be repeating the question which might have answered. Excuse for the same.

During Visa Stamping , if consulate send request to USCIS for Petition revoke (Correct me here), for some reason.

Can the applicant find another employer and use Cap Exempt and appear for Visa again


Until USCIS has formally revoked the petition, another employer can file a cap-exempt petition for you. Once USCIS has revoked the petition, that petition cannot be used for cap-exempt purpose, but another can be.

For example, you have petitions through A and B, and USCIS revokes B’s petition based on consulate’s inputs. Thereafter, you cannot use B’s petition for cap-exempt petition through C, but can use A’s.

So in the case of only one petition, Cap-exempt is not available, Correct ?

It is not available after USCIS has formally revoked the petition. Until then, it is available for cap-exempt purposes.