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H1B was revoked before October 1st? Am i still Cap Exempt for future?

Sunnyvale, CA |

Currently i am on H4.
Last year 2012, my H1b was approved. But my Employer withdrew the H1B. And i got a letter from USCIS dating Sept 27th, 2012. That H1B has been revoked , because Employer sent withdrawal letter.

Am i still cap exempt, if i want to file a H1B in 2013? Or will i be counted again?
I have the last year H1B Approval notice. I have a job offer, i was planning to transfer my old H1B approval.

Attorney Answers 3


  1. You are not subject to the cap.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. An attorney would need to review your paperwork.

    But, as my colleague stated, if you worked on the visa before it was revoked, you are probably cap exempt.

    Talk to the attorney working for the new, prospective, employer ... not someone in HR.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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