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will I be cap exempt if my previous H1B not revoked

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  • will I be cap exempt if my previous H1B not revoked

    Here is my case:

    Was in US from 2007 to 2010 with X company. I-140 cleared.
    Visited India after H1 extension. Visa denied in Mar 2011.
    Applied for H1 thru Y company and got H1B for 3 years(cap exempt). Visa denied taking 1 year 3 months for admin processing (in Feb 2014).
    Wanted to go with another employer.
    Can my employer(new) file my case under cap exempt(total stay of 3 years 8 months) with my previous H1b not yet revoked or revoked with employer Y??
    Will revoking or not by my previous employer count towards my cap exempt status??

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