H1B petiton approved, later withdrawn. Cap Exemption or not?


I’m in India presently and had my H1B petition approved by the USCIS through Employer A(US Consultancy) Petition Validity: Oct-2012-Sep 2015.

I never got the visa stamped and never joined employer A. Employer A has revoked/withdrawn the petition.

Can Employer B(my present Indian employer) file for a new cap-exempt petition based on the above petition - I have all the documents?

If yes, can I have an immediate start date or should it be from Oct 2014.

I eagerly await your response!!


Employer B can file for a cap exempt petition for you without waiting. But you still need to get the visa stamping done before coming to US. If transfer is successful and visa stamping is done then you don’t have to wait till Oct to start working.

Thanks for replying. You mention ’ transfer’ - and there is no transfer process here. A has revoked my petition so B will try to file a new petition.

Can anyone confirm the new petition will be cap exempt since I “had” an approved petition in the last 6 year period, even though A’s petition has been now revoked?

Yes, B can file cap-exempt petition for you. Actually, legally there is no “transfer”. It is often used loosely when the cap-exempt petition is filed by a different employer. Going by that your terminology, your petition is still being transfered irrespective of whether A has revoked it or not.

Thanks Saurabh for the clarification !!

Hi senara , Were you successful filing cap exempt on your new h1b application?

Hi senara , have you filled cap exempt on your new h1b application?
pls share ur experience. i am into same situation.