H1B Revoked - exempt from CAP?

Hi Saurabh/Kumar,

Last year I had my H1B approved. Came down to India, went for stamping, was given a 221g. Responded to the first 221g, again was sent the 2nd 221g asking for more details on the client project (what they normally ask for internal projects, even though this was a client project).The client obviously weren’t in a mood to reveal all that, so ended up revoking my H1B. Now that I had an approved H1B, will I fall in the “CAP Exempt” category. My current company in India wants to file my H1, but since CAP is almost getting over, I wanted to know if I fall in the CAP exempt category?

BTW. is the CAP over for 2012-2013? No updates yet on the USCIS website.

Waiting eagerly for your guidance



Hi Nikhil,

As far as I know, you can go for cap-exempt petition since you had an approved H1B petition last year. You need to have that petition copy or the receipt number to use for the cap-exempt petition.

Yes, the FY2013 quota has reached 65000 limit on 11th June as per the latest press release by USCIS.

[H1B Visa 2013 Cap Reached](http://redbus2us.com/h1b-visa-2013-cap-reached-faqs-will-there-be-lottery-lca/)

Hope that helps.