H1B cap-exempt eligibility - Employers Changed, Withdrawn

USA H1B Visa
1

My first petition was approved in 2014 and I traveled in 2015. I stayed in USA for 20 months and came back to India when my visa extension was in progress. After my return in 2017, I received RFE for my petition and my employer withdrew the petition. I’m aware that up to this point I’m eligible for cap-exempt but this year I switched employer in India due to an unavoidable situation. I would like to know if my visa is still eligible under the cap-exempt category even after leaving the visa sponsored employer.

I really appreciate it if someone could reply.

2

If you have not used up all of your 6 years on H1B, then you are eligible for Cap Exempt H1B. Employer change does not matter as long it was not revoked for fraud. Read article below.