H1b cap exemption eligibility. I have h1b stamped up-till 2016 September ,but not traveled upon Will it be cap exempted? I read somewhere that the person needs to start working in US before the h1 could be cap exempted , is it true?
There are several examples where people were able to file cap-exempt petition even though they never entered US through their initially approved petition. So looks like USCIS doesn’t enforce prior H-1B status requirement.
Were theseafter 21st may 2014 , Please have a look at the above posted link.
The post mentions about the specific case when approved petition is withdrawn by employer before Oct of the filing year. We are already passed Oct 2015, so it doesn’t impact you.
Here is one recent example that I read about:
What i can conclude is this from the above post , is for a successful transfer
1).Petition should not be withdrawn before 1st October
2).If the consular processing is initiated it should be successful (stamped)
& / OR
No Revocation of the petition
Correct me if I am wrong Saurabh , I need to know the truth
Petition can be revoked in 2 instances - withdrawal by old employer, revocation by USCIS based upon consulate interview etc. If it’s the 2nd case, then that petition cannot be used as a basis for cap-exempt purpose.
Saurabh thank you for your reply.
How do we know whether or not petition is revoked after it has been stamped?
My current application status on USCIS is - your case was approved (july 29 , 2013)
USCIS can revoke petition after stamping too ? ,if yes how do we get to know about this?
Usually online status is the best way to know if the petition has been revoked or not. If the online status doesn’t reflect anything like that, then there is a good chance that it hasn’t