H1B cap exemption for subsequent petitions.

[zolotas]

Hello everyone.

I'm currently facing the following problem and could really use some of your insight.
Employer A filed a H1B petition for fiscal year 2014 for me, which was luckily selected in the lottery process. That petition is still pending.
Employer A let me know that the project I was about to be hired for was cancelled and as a direct result they will no longer offer me a job. At this point it's not clear whether they are going to cancel the petition or just let it be.

My question is this, If I find some other employer willing to file a new H1B petition for me (there is no concept of "transfer" in this situation if I understand correctly), will that petition be cap exempt?

Taking a look on the I-129, Part C, Question 3.g, it appears like cap exemption kicks in only if you have previously gained H1B status (ie visa stamp + entered US). At the same time I'm seeing numerous articles online suggesting that referencing a previous cap subjected petition receipt number is enough for cap exempt status.

Any ideas?

[kabkaba]

If A's petition gets approved then you will be cap-exempt otherwise not.

[zolotas]

If A's petition gets approved then you will be cap-exempt otherwise not.

Even if the petition gets canceled after approval? Do you happen to have any kind of official reference for this?

Thanks