H1B Approved - Never traveled to US - if CAP Exempt- till when?

[aryanverma]

Hi,

My employer filed my H1 in 2012, we received an RFE and then the approval in January 2013. The approval (I-797) was granted till Sept 2015. During H1 stamping, I revived a 221g and after that my employer didnt provide me with the required documents, so the stamping never happened. I have since changed my employers. I want to know if a new employer files for my H1, till what time can they do it without going through the normal H1 quota
- Till Sept 2015 or if they can file H1 even after Sept 2015 then till what date I am CAP exempt?

Thanks for your reply

[raghvi]

Hi,

My employer filed my H1 in 2012, we received an RFE and then the approval in January 2013. The approval (I-797) was granted till Sept 2015. During H1 stamping, I revived a 221g and after that my employer didnt provide me with the required documents, so the stamping never happened. I have since changed my employers. I want to know if a new employer files for my H1, till what time can they do it without going through the normal H1 quota
- Till Sept 2015 or if they can file H1 even after Sept 2015 then till what date I am CAP exempt?

Thanks for your reply

Was the petition revoked by USCIS? If yes then am afraid you would not be cap exempt. If not then I believe you would be cap exempt till 2018 6 Years from filing year.

This is my opinion not legal advice.

[aryanverma]

Was the petition revoked by USCIS? If yes then am afraid you would not be cap exempt. If not then I believe you would be cap exempt till 2018 6 Years from filing year.

This is my opinion not legal advice.

Thanks Raghvi, The case status shows that the case was approved in January 2013. There has been no activity on the case since then. I assume this means that the petition is not revoked then