EAC YYYY YYYY ZZZ revoked by USCIS, can the approved I-797B be used for CAP exemption

[anubhav_st]

Hi,

I received my I-797B approval back in May 2011 and I attended the interview in Oct 2011 where I received the 221G. I provided them the extra papers they asked for but still no decision came out till end of 2012 after which I gave up and moved on. I recently checked the status on USCIS website and it says your case was revoked in June 2013. (I checked with the employer and they did not revoke it)
Can you please advise if I still fall under CAP exemption? can I go though a new employer and get the existing approved petition transferred?

Many Thanks

[shervin143]

Possible.

[anubhav_st]

Possible.

Hi Shervin,

I also checked the same with the company through which I-797B was filed and approved in 2011. Company's attorney thinks that if the visa stamping was denied then this case doesn't fall under CAP exemption. However I have checked similar posts and general understanding is that it should still be CAP exempted even if the visa was under 221G and denied.

Please advise.

Thanks

[shervin143]

Only the visa is rejected. Your CAP will remain valid. You can use that CAP to transfer the petition to another employer.

Hi Shervin,

I also checked the same with the company through which I-797B was filed and approved in 2011. Company's attorney thinks that if the visa stamping was denied then this case doesn't fall under CAP exemption. However I have checked similar posts and general understanding is that it should still be CAP exempted even if the visa was under 221G and denied.

Please advise.

Thanks

[anubhav_st]

Only the visa is rejected. Your CAP will remain valid. You can use that CAP to transfer the petition to another employer.

Excellent!
Many thanks for confirming.

Cheers

[anubhav_st]

Only the visa is rejected. Your CAP will remain valid. You can use that CAP to transfer the petition to another employer.

Shervin, the 6 years are counted from which date? is it from the approval date or the "valid from" date, e.g. 10/01/2011 ?

Thanks

[shervin143]

From the H1B effective date.

Shervin, the 6 years are counted from which date? is it from the approval date or the "valid from" date, e.g. 10/01/2011 ?

Thanks