Hi, My employer filed H1B in April 2014 which got approved in Sep 2014. I traveled US in Feb 2015. I got my Visa extension in March 2016 and got my location amendment in March 2017. The validity of H1B on amendment notice was Dec 2017. I traveled back to India in July 2017. During my tenure in India my employer filed the H1B renewal in Sep 2017. The application got the RFE dec 2017 and finally got the denial in March 2018. The reason given by USCIS as my employer could not justified my role as special skilled worker.
Now I had left my previous employer and still working in India with another employer. I wanted to know what are my option to get H1B and travel back to US again. Am I still remain cap exempted or my employer need to file fresh petition.
Thanks in advance.
You are considered as Cap exempt as you have been counted towards the cap once and have not used up full 6 year term. Read Recapture H1B unused time Rule.
Your option is to find an employer and get a cap exempt H1B filed by them, get stamping done and travel to US to work for them.