Stamped unused unexpired H1B revoked by previous employer. Am I eligible for Cap-Exempt?

Hi ,
I have got H1B from Employer A in 2014 and got STAMPED on October 2014 valid till September 2017. But i have not yet traveled on that visa.

I joined new employer in Mar 2016.

My H1B is revoked by my previous employer in July 2016.

Am I eligible for Cap-Exemption for filing a new petition through my new employer?

Thanks in advance.

Yes, a company can still file a cap-exempt petition for you and use the old receipt copy as proof of already been cap-counted.

Hi Were you able to transfer your visa…I am in same situation…Please do reply.

Many Thanks

Yes… My new employer have applied for cap exemption.

Did that worked? I am in bad situation as you…

I have read that in some cases of H1B as follows "They had a H1 petition and H1B visa stamped in 2012 but they never travelled to US on that. And when a new employer applied for a cap exempt H1B petition in 2017 they it got approved with change of status to H1 in May 2017…Where as in my case i also didnt used this H1B visa and travelled, i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation they revoked H1B in Nov 2016 (which is > OCt, 1 2016), some attorney say its luck you can get “Approve” Or “Deny” and in my case they DENIED VISA saying i am NOT cap exempt?

  1. Can I use the same I 797 and try again with new employer and take risk?
  2. is it illegal for me to use the I 797 and try finding employer?
  3. Will USCIS have a track and go back and see the previous history of denial and deny a Visa for me again?
  4. Pls suggest what is the best approach for me? cant go through the Lottery cycle again as its painful.

Thanks for listening and helping me!!

H1B Aspirant.