H1- Cap extension after current employer submitted for withdrawal


Currently i am working with Company X in India. My H1-B got approved and i got approval notice. I haven’t gone for Stamping. But some how my current employer is not getting projects and they submitted for withdrawal my petition it seems. But still its not revoked. Its showing message as “Correspondence Was Received And USCIS Is Reviewing It”. When i checked with my employer, they confirmed it they submitted for Withdrawal. Is it possible Company Y can reprocess my application under H1-B Cap extension?

i would appreciate your help!!


Y can file a cap-exempt petition for you based on X’s approval notice.

I am surprised that X is withdrawing the petition. You are still employed with them and they would have spent enough money in filing your petition. In addition, selection in H-1 is pure LUCK these days and why would a company let it go.

Thank you for your response.

I am not sure about cap-exempt. Could you please brief about that or reference links to follow. Does it need to go for lottery pick again?

Yes. Even its very hard for us to hear. Actually one of my colleague status showing as Revoked. Mine at least in process. is it anything problem if my application status change as “Revoked”?

Thanks for your help!!

The new employer will have to file a new petition which will not be subject to cap. This is called cap-exempt petition, but lot of folks loosely call it H-1 transfer also.

IMO, it can be filed even if your current status changes to Revoked.