H1B revocation notice sent


My H1B filed by employer A was approved in April 2014. It was stamped and visa expiry date was Aug 2016. I travelled to US in Jan 2015 and return to India in Nov 2015. I resigned from employer A in March 2016 however H1B was not transferred to new employer as there was no onsite requirement with them. Meanwhile employer A has requested for H1B revocation and status of my case is shown as ‘Revocation notice was sent’ on USCIS site.

At present there is US onsite opportunity with my new employer. Question is:

Can my H1B transfer request get approved irrespective of ‘Revocation’ statusIs my H1B is under ‘Cap exemption’ as I have utlized only 11 months of my H1B in USThanks,

here are the answers

  1. since your petition was revoked, you can’t use that.

  2. I don’t think your case would fall under cap exempt since it was revoked. If Im not wrong, you have to apply again in fresh H1b quota.

  1. If the revocation was done on employer request and not on USCIS investigation, you can use the remainder period of 6 years post a fresh petition by employer ( not subject to lottery)

  2. Yes, you will be considered ‘cap exempt’. The new employer will still need to file a fresh petition and get it approved

Hi please let me know if you were able to file visa in cap exempt.

I am having same situation

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Hello Nitika Gupta ,
I faced similar situation , Please reach out to me “shir60bhushan at gmail dot com”