Unstamped Unused Revoked 2012 H1B Approval - Am I Cap Exempt?


#1

Hi,

My H1B is approved on 2012 but as my company lost the project they did not sent me for the stamping. The status of that application currently is

“On September 11, 2014, we revoked the approval of your case, Receipt Number XXXXXXXXXX, and mailed you a revocation notice. It explains the reasons for our action.”

My I-907 Expiry Date was - 10/31/2014
My Approval Notice was valid from 12/27/2012 to 11/14/2014

am I am still Cap Exempt?

Thanks in advance,
Atul


#2

Looks like your employer revoked your petition.

The message - “On September 11, 2014, we revoked the approval of your case, Receipt Number XXXXXXXXXX, and mailed you a revocation notice. It explains the reasons for our action.”

states the same. As per my knowledge Since you haven’t stamped your first visa and your employer revoked that petition, i don’t think you would fall under cap exempt. You should apply fresh h1 only…


#3

IMO, you are still eligible for cap-exempt petition even though visa has not been stamped.

You should find an employer whose attorney can then you provide you the concrete answer.