My Employer 'A' revoked H1B petition , am i eligible for CAP Exempt for FY 2016

0 votes
asked Jun 6, 2015 in H-1B by Kumar
Hi ,
I have got H1B from Employer A in 2013 which was stamped on october 2013 valid till september 2014.But i was never travelled on that visa and it got expired, so i have left the employer A.
Later I joined the Employer B and tried to transfer that H1B but within this time, receipt number in case status showed as 'Revocation notice was sent' on April 23 2015.

Q:Whether i am CAP exempt to file a new petition in FY 2016 by using old case receipt ? till how many years it is CAP exempt?

Q:Employer 'B' Immigration team said it got revoked by previous employer and i have never travelled on this Visa ,so i am not eligible for CAP exempt .If it is not revoked then they can do transfer. is it true?
  
Thanks.

1 Answer

0 votes
answered Jun 8, 2015 by immi
Yes, You can apply for cap exempt visa any time since you are considered in cap first time. You can extend the visa till 6 years from 2013. So, you can apply for cap exempt visa any time before 2019.
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