H1B Cap exempt transfer with employers

Hi All,

I am under H1B cap exempt filled by X company, I have I797B. Recently employer A filed my H1B cap exempt transfer under premium processing approved for 10 months and I supposed to attend stamping in India, But in India its around 3 months time for interview slot, then my Employer is saying client not wait such long and he decided to revoke my petition and sent an email to USCIS to revoke my petition,
Now my Question is

  1. Can I look for new employer with my first I797B approval? because my employer A revoked my new approval before stamping.
  2. Do I need to get latest I797B from employer B or my capexempt I797B is enough?
  3. Still am I eligible for Cap exempt to process with new employers? because my visa not stamped yet.

Thank you

Did you work in US on H1B or travel to US on H1B ?

Did you apply for H1B first time and got it for 10 months ?

No, my visa is not stamped yet, I never traveled and worked in US so far. 10 months approval is second time approval on my cap exempt petition of First approval petition. thank you

Just to clarify, Company X applied first and you had approval, then Company A applied as cap exempt Transfer and they plan to withdraw. Is that correct ?

Also, a company cannot revoke petition or approval, they can only withdraw…

In general, to attend stamping, you need approval of H1B from that company…

Yes, exactly, Company A also got approval, and due to no client/project company A has sent a letter to USCIS revoke his approval, Now my question is do I need to get company A approval copy i797B? to get new employers to process my case, or company X I797B approval is enough?

Thank you,

It really does not matter. You can use Company X’s or A’s…either is fine…They are only used to make sure you are counted towards cap. As long as you have any of your previous H1B receipt notices or approval notices, you should be fine to get transfer as cap exempt done…
Also, usually transfer without stamping is slightly a grey area, meaning sometimes, USCIS questions you never had h1B status, no counted towards cap… Do share your feedback, if you apply for cap exempt using any employer and the result here for community benefit.

1 Like