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H1B cap exemption clarification

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  • H1B cap exemption clarification

    Hi Friends,

    I need your answer on my below specific case.

    In 2009, I came to USA under L1-Blanket visa and was working for EMPLOYER A. My L1-Blanket visa was valid till 7/27/2011. Later in July 2011, EMPLOYER A applied for L1 extension. This time they applied the petition under L1-B category. Initially the extension petition went into RFE and finally it got approved in Feb 2012. But during the time of extension process (case was with USCIS), i went back to India on Dec 31st 2011.

    In Sept 2011 when i was in USA under L1 visa, Another Employer EMPLOYER B offered me a full-time job and filed for H1B Petition. This H1B petition got approved in Oct 2011 with out change of status. Petition was saying me to go back to India and get the visa stamped before working to EMPLOYER B. So i went back to India on Dec 31st 2012. Went to Visa stamping on Jan 6th 2012. But the H1B stamping interview didn't go thru well. It went into 221g and later consulate asked USCIS to revoke the H1B petition of EMPLOYER B.

    Till all the above process, i was still working with my EMPLOYER A in India.

    Later on Oct 2012, i went to Consulate to get my L1B stamping for EMPLOYER A and it got approved and stamped. Now i am in USA working for EMPLOYER A. the extension petition is valid till July 2013.

    In Feb 2013, A final notice has sent to EMPLOYER B stating that they will revoke it. EMPLOYER B assured me that they will respond to it.

    But now my question is, Even if the H1B petition is revoked, Can i find a new Employer "EMPLOYER C" for full time job and "EMPLOYER C" can file for new H1B petition under cap exemption using the EMPLOYER B's revoked Petition?


    Thanks in advance.
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