H1B notice of intent to revoke...am I still cap-exempt?


My H1B was approved in June 2012. I never went for stamping and therefore never changed my status from F1 to H1B.

Back in August 2013, I received a Notice of Intent to Revoke for my H1B visa approved in 2012. USCIS says that “Market Research Analyst” position is not a specialty occupation. My attorney sent a response to the Notice of Intent to Revoke. Still waiting for USCIS final decision.

In case H1B is revoked, will I still be cap-exempt? Can a new employer file petition for me at any moment without having to be subject to the yearly cap, even if my H1B is revoked? Thank you!

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Hi Pankaj,

The USCIS rule is reasonably clear in this matter. You were previously counted against the cap and approved, therefore you are now exempt. Some lawyers have an argument that the new petition must be reflected as "change of employer"and not be “new” in its literal sense or you risk being subject to cap. I agree with this point of view. A revocation is also not a denial and may not be measured as such in a negative manner, it is always issued due to lack of use and USCIS knows this. So yes, a new employer petition may be filed. Please make sure the term “Market Research Analyst” be changed to “Market Researcher- Special Markets” or “Market Research Specialist” be used. The term “Analyst” is a red flag, triggers an incorrect response in their system.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

Thank you so much Dr. Shankar.
I greatly appreciate your answer.

Hey Pankaj, were you able to get a cap exempt H1B after that?

Hi Pankaj I got intent to revoke notice from USCIS and my visa is in transfer process. Am taking solutions from my lawyer to see how this going to work. Havent got any clear idea yet. Can you plz put some inputs from your end.