H1B Application Revoke has Cap-Exempt

Hi All,

My Old petition from 10/01/2008 to 03/11/2011 ( Visa Approved but Din’t travelled)

New Petition filed under cap-exemption and got approved from 07/09/2014 to 04/14/2017

I went to consulate for interview in Sept 2014 they said Employer is a consultant so will not issue visa and said we will send a request for revocation, then after 11 months in August 2015 they send a notice for revocation, in Sept 2015 my Employer replied to that notice. From 19th January 2016 the case is under review no decision made till now.

Only 10 months remaining on the petition.

My Question is

  1. Can i apply to another employer through cap-exemption ? ( if that new petition is revoked at USCIS)

iam not able to find the correct answer

  1. How many Years i will be under Cap-Exemption ?

Thank you very much


  1. Yes. Even if the new petition is revoked, you can use the earlier petition for cap-exempt purpose

  2. Usually rule is 6 years from last approval notice. However, USCIS seem to have relaxed it a bit as folks were able to get cap-exempt even after 10+ years gap.

Thank you very much Saurabh for the reply.

Why did the visa interview revoke your visa? Did the consultancy have multiple layers via EVC model?