I have a valid H1B visa till Nov 2016. but i did not join the Employer at the time of Visa approval and hence never entered US. Employer who filed the petition has revoked the VISA 1 month earlier i.e Oct 2014. So the question is can a new employer from US file a fresh petition under cap exemption or it will be a new Petition under 65K cap.I really appreciate and would like to thank you all for looking at the query. But now i am confused after Alexander said "i would be exempted if the original petition was approved subject to CAP.". So adding additional information that might get us to the conclusion. Employer XXX filed the petition in April 2014, and my name came up in the lottery so i think it was under 65k CAP. Now after the visa interview in october 2014, i got my H1B visa stamped but i don't intend to join the employer as the work profile has degraded. So the question is "If i don't join Employer XXX and it revokes the petition later. Can other employer file a petition which is CAP exempted?" Employer XXX has already told me the he is going to revoke the petition.
Respectfully, I must contradict you. You do NOT appear to have a 'valid' H-1B visa. By not using it, the CIS memo of May 2014 appears to have 'voided' it.
You do NOT appear to be cap-exempt ... sorry.
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That is going to be a new petition under next year's cap, since you never entered the US or held H1B visa status in the US
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If your question is whether you are CAP exempt, I believe you are if the original petition was approved subject to CAP.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
If you never used the visa to enter then you would not be cap exempt and a new employer would need to file under next fiscal year's cap.
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