My petition is revoked can I apply for cap- exempt

Hi Experts,

My H1B visa got approved in Oct 2013 with the validity till Aug 2016, It was stamped and I have traveled to US in Jan 2014 and worked there for 13 months. After my project completion I returned India in Feb 2015 and resigned from the company after few months. The old company has revoked my visa in Nov 2015.

If I want to apply for H1B visa again through new company will it come under Cap exemption? I have previous I-797 and valid VISA stamped on passport.

If Yes what are the chances of VISA rejection?



Yes, another employer can file a cap-exempt petition for you even if the old petition has been withdrawn by employer.

You would need previously approved 797, payslips and W-2 for your stint in US on H-1.

Thanks Saurabh.
I can see below message against my petition.
What does it really means?

Revocation Notice Was Sent
On November 24, 2015, we revoked the approval of your case, Receipt Number EACXXXXXXXX, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by December 8, 2015, please go to to request a copy of the notice. If you move, go to to give us your new mailing address.

It means that old employer have withdrawn their petition. A new employer can still file a cap-exempt petition for you.

I have a similar case. where do you see the above message ?

This message is visible on USCIS site when you enter your receipt number.