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H1B was revoked before October 1st?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 That H1B has been revoked , because Employer sent withdrawal letter.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.

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Attorney answers 3


You are not subject to the cap.

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But, as my colleague stated, if you worked on the visa before it was revoked, you are probably cap exempt.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

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I did NOT work on H1B before it was revoked or withdrawn. The H1B was withdrawn on Sept 27th. 3 days before Oct 1st. Am i still Cap Exempt? Or is this a gray area?

F. J. Capriotti III

F. J. Capriotti III


Then you probably are not exempt. Talk to the employer's immigration attorney for confirmation.


I agree with my colleagues.

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I am confused. So, am i cap exempt or not. My H1B was withdrawn before Oct 1st. That means i did not start working on H1B.

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