H1B Cap Exempt Case filing chance of getting Extension for approval

[susanroy]

Hi Experts,

I am new to this forum. I am desperately looking help from any expert who can guide me what is right and what is wrong.

My current situation as below:

I had applied for US H1B in 2012 and I got H1B approved petition for below period:
Company : A Category IT company XYZ
H1B approved petition validity: 24.10.2012 - 23.05.2015
Country of citizenship: India

Unfortunately, I did not go for visa stamping for my approved petition and travelled to US as I already came to UK for XYZ company assignment for client ABC. So, I did not utilize my H1B petition.

Now, my client ABC wants to use the same H1B petition as Cap exempt case for their US deployment activities. So, I have already arranged my all relevant H1B Cap Exempt petition filing documents from my employer XYZ and Client ABC. When I reached to my XYZ employer's immigration team they are saying recently mid June some rule changed in USCIS for H1B Cap Exempt cases. If anybody had valid petition and they had never travelled to US using that petition, then USCIS rejecting those cases as Cap Exempt cases.

I am not sure whether this true or, false information. I did not find any such information in USCIS website or, any forum.

The problem is my Employer XYZ - project management in UK has already committed my availability in US for client ABC from October 2015.
We are really in embarrassing situation in front of our valued client. I need to know what is correct?

By the way my Employer XYZ is 'A' Category multinational US origin IT company and Client ABC is UK based multinational company with huge presence in US.

Please help me with your valued feedback and any information.

Thanks

[shervin143]

Not sure why the employer is hesitating to file the petition. The employer can still utilize the CAP from the previously approved H1B petition to file a new H1B petition without having to go through H1B quota. Once approved, you can attend the visa interview. When H1B visa gets approved, you can travel to U.S using that H1B petition and visa.

[susanroy]

Not sure why the employer is hesitating to file the petition. The employer can still utilize the CAP from the previously approved H1B petition to file a new H1B petition without having to go through H1B quota. Once approved, you can attend the visa interview. When H1B visa gets approved, you can travel to U.S using that H1B petition and visa.

Thanks Shervin143. I also had the same idea. I am not sure why they are hesitating to file my case. I will get back to my Employer and try to know the valid reason as there is no written rule from USCIS in change of policy.