My Employer 'A' revoked H1B petition , am i eligible for CAP Exempt for FY 2016

USA H1B Visa
1

Hi ,I have got H1B from Employer A in 2013 which was stamped on october 2013 valid till september 2014.But i was never travelled on that visa and it got expired, so i have left the employer A. Later I joined the Employer B and tried to transfer that H1B but within this time, receipt number in case status showed as ‘Revocation notice was sent’ on April 23 2015.

Q:Whether i am CAP exempt to file a new petition in FY 2016 by using old case receipt ? till how many years it is CAP exempt?

Q:Employer ‘B’ Immigration team said it got revoked by previous employer and i have never travelled on this Visa ,so i am not eligible for CAP exempt .If it is not revoked then they can do transfer. is it true? Thanks.

2

It depends, may be possible for cap exemption or may not be, bec i am also in same situation some attorney’s say it is possible and others says not possible…

3

Did you guys have any answer on this issue? I am in the same situation.

4

Hi…were you able to get your visa transfered…Please do reply as I am n same situation currently

5

I was in the same situation. I was able to file cap-exempt and have travelled back to the US. Good Luck with everything :slight_smile: