Out of cap eligibility outside US

Hi friends,

I have a stamped H1b visa (employer-A)valid till 30-Sep-2017. After stamping,I travelled to US on short term for 3 weeks and returned back to India .Now am switching from employer A to employer B in India.Employer A says my H1b will be revoked .

  1. Can employer -B apply for H1B in out of cap after my H1B is revoked by employer A?

  2. Am I eligible for Out of cap and will there be any other issues?


  1. I have approved I-797 form hard copy .
  2. Latest I-94
  3. Two pay stubs
  4. SSN

Please guide me.

  1. Yes

  2. You are eligible and no issues as you have the required documents.

Thanks Saurab for clarifying:)