H1 Revoked in the Same Year - Am I cap Exempt ?

[sasu14]

Hi,

My H1 B was revoked last year and I'm not sure if I can file the Cap Exempt Petition. Need your expert guidance.

Cap Petition Approved : May'14
Visa Stamped : Aug'14 ( Valid till Sep'17)
NOIR Received: Sep'14
Revocation Notice Received: Dec'14
Never travelled to US and I'm currently in India



Below are my queries.

1) Am I eligible for cap exempt i.e., can I find an employer who can transfer the H1.

2) If the transfer petition is approved should I again go for visa stamping or can I travel on the old stamped visa.

Please suggest any other alternatives if any.

Thanks in Advance

Regards,
Sasu

[shervin143]

What was the reason for NOIR?

[sasu14]

USCIS did a site visit at the client location and found that there is no Need for a java resource

[shervin143]

Was that H1B petition filed under a brand new CAP for Fiscal year 2015? If yes and if the petition was revoked by USCIS based on a site visit on September 2014 (prior to its effective date), then you are technically not counted against the CAP. However, this is such a grey area. The only way to figure out if you are still CAP counted or not is by filing a transfer with a new employer.

[sasu14]

Thanks for the response.

The petition was filed under as Fresh H1 B petition in Apr'14 and my petition was picked in the lottery.

I'm Sorry I did not understand - are you saying technically I'm cap Exempt or I again should go for the lottery next year.

THanks

Sasu

[shervin143]

You should go through lottery next year. If a new H1B that is filed against a brand new CAP is revoked prior to its effective date (Oct 1st), then that CAP is no longer valid for filing CAP exempt H1B petitions.

Thanks for the response.

The petition was filed under as Fresh H1 B petition in Apr'14 and my petition was picked in the lottery.

I'm Sorry I did not understand - are you saying technically I'm cap Exempt or I again should go for the lottery next year.

THanks

Sasu

[sasu14]

You should go through lottery next year. If a new H1B that is filed against a brand new CAP is revoked prior to its effective date (Oct 1st), then that CAP is no longer valid for filing CAP exempt H1B petitions.

My Petition was revoked in Dec'14 and the NOIR was Sent in Sep'14. So Technically my petition is revoked after Oct 1st ? Am I now Cap Exempt.

Regards,
Sasu

[hope0803]

H1 Revoked in the Same Year - Am I cap Exempt ?

My Petition was revoked in Dec'14 and the NOIR was Sent in Sep'14. So Technically my petition is revoked after Oct 1st ? Am I now Cap Exempt.

Regards,
Sasu

Sasu,

What is your current status? I am also in the same situation. Were you able to find out any solution.