H1B cap excemption

USA H1B Visa
1

Hi experts,

My case is a bit complicated, please provide your valuable suggestions.

I had got the H1B lottery on 2014, that time I was working for a company A. But soon after the lottery came, i got another offer from a Company B and I switched my job. Now I am in company B, am I eligible for a Cap Exemption or should I start filing all over again as a new petition and wait for the lottery again.

Thanks,

Sandeep.

2

  1. Are you out of US?

  2. Is your H1b petition approved? - if it is approved, then yes, you are eligible for cap exempt. For that, you should have at least H1b petition number to proceed with cap exempt .

3

Hi Chialse,

Thanks a lot for your reply. to answer your questions,

  1. Are you out of US?
    -I have not traveled to US anytime.

  2. Is your H1b petition approved?

The current status of my filling is as below :-

“On July 23, 2014, we revoked the approval of your case, Receipt Number XXXXXXXXXX, and mailed you a revocation notice.”

-So am I still eligible for Cap Excempt.

Thanks,
Sandeep.

4

Yes, as far as I heard, it is eligible for cap exempt even if the petition is revoked. Cap exempt can be applied within 6 years from the approved date. You can check with your current employer about this case and proceed with cap exempt.

5

Hi Chialse,

Thank you very much for your expert comment.

I am checking the same with the immigration team of my current employer.

Thanks again.

Regards,
Sandeep.