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Is revoked (due to employer-employee relationship) H1B is reusable by other company.

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  • Is revoked (due to employer-employee relationship) H1B is reusable by other company.

    I have joined a new company in U.S. in November'2011 on H1B. Earlier I was in L1B. My H1b was filed for Texas. In January'2012, I was moved to Virginia with new LCA but no petition amendment. In March'2012, I came back to India for marriage. When I went for stamping, I got section221g. Then my petition sent back to USCIS in October'2012. In March'2013, my employer received NOIR. My employer replid the NOIR but my petition was revoked.

    May another employer file my cap exempt petition using my old one as I am already counter under CAP.

    Kindly reply.

    Thanks.

  • #2
    Originally posted by india2012 View Post
    I have joined a new company in U.S. in November'2011 on H1B. Earlier I was in L1B. My H1b was filed for Texas. In January'2012, I was moved to Virginia with new LCA but no petition amendment. In March'2012, I came back to India for marriage. When I went for stamping, I got section221g. Then my petition sent back to USCIS in October'2012. In March'2013, my employer received NOIR. My employer replid the NOIR but my petition was revoked.

    May another employer file my cap exempt petition using my old one as I am already counter under CAP.

    Kindly reply.

    Thanks.
    I don't think a petition revoked by the USCIS would be cap exempt. You would need to start afresh by filing a fresh petition under new cap in 2015.

    This is my opinion not legal advice.

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