I need advice on my Wife H1B petition, Her Form I-129 was withdraw before the Petition for a Nonimmigrant Worker was Approved. Can we file her H1B petition again with another employer in the cap-exempt process? I only have the I-797c (Notice of Action) from previous employer
She is not eligible for cap-exempt petition as I-129 was withdrawn prior to approval. She has to go through the cap again. Had the petition been approved first (and then withdrawn), she would have been eligible for cap-exempt.