H1B CAP Question - Need help urgently

Friends, i need your help on my below specific case.

  • Worked in USA for EMPLOYER A on L1 Visa from Mar 2009 till Dec 2011.

  • L1 Visa was valid till July 2011. Later EMPLOYER A filed for Extension in July 2011(before its expiry), Ext petition got approved and was valid till July 2013.

  • Oct 2011, Another EMPLOYER B filed for H1B visa and it got approved without change of status. Went back to India in Dec 2011 for H1B stamping

  • Jan 2012, went to H1B visa stamping interview and case went into 221g. Later cosulate asked to REVOKE the petition.

  • Dec 2012, went to L1B visa stamping for EMPLOYER A and it got approved. Now in USA on L1 visa valid till July 2013.

  • Feb 2013, USCIS revoked the H1B petition of EMPLOYER B.

Question: Now can i find a new Employer, “EMPLOYER C” and can file for new H1B petition under cap exemption using the EMPLOYER B’s revoked Petition?

Thank you

The petition was revoked by USCIS after receiving the intimation from the consulate. I don’t think you are eligible for cap-exempt purpose. You would have been if USCIS would have revoked it on behalf of employer, but in this case they determined that petition should not have been approved and that’s why revoked it.

You can still check w/ an attorney to be sure.

Hi Saurabh, Yes. I was able to file for a new h1b under cap exemption. thank you.

Congrats. So they approved cap-exempt petition for you even after USCIS had revoked the petition based on consulate’s recommendation. Did you submit B’s copy for cap-exempt?

This will be very helpful to others.

Thank you. yes. That’s correct. Based on company B receipt, filed for cap-exempt. USCIS didn’t questioned anything about it.