Response for NOID

Hi All,

I would like to take your suggestion/help regarding my H1b transfer case.

My H1b was filed by Employer A in 2015 and approved on 21st August, 2015. I am currently reaiding in India, My h1b was never stamped and never travlled to the US. I moved to Employer B in April,2016. My previous employer informed USCIS about my resignation and my H1b was revoked on 6th May, 2016.

My new employer has filed for transfer but after the h1B was revoked, which received an RFE for client documents. My new employer provided the necessary documents and now I received an Notice of Intent to Deny (NOID) stating that my petition was revoked and hence they have added one this to the numerical and have asked to explain why I should be cap exempt.

Could anyone please tell me if I am cap exempt, and what would be the correct response for the NOID. As per what I read on the USCIS website, if my petition got approved in 2015 and is revoked before FY 2015 (i.e. Oct 2915) then it will be added to the numerical limit and in any other case it would not be. Kindly suggest how I can go about this case.

Thank you in advance.