H1B revoked; Is fresh petition under cap exempt

[frozenpallo]

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.

[frozenpallo]

I read few blogs and somewhere it is written as fresh visa petition will be cap exempt. on the other hand there were few which state that my Visa is not be valid as i have not traveled to US using the VISA, and new petition will not be cap exempt.
Can someone please help me with their experience that whether new petition from new Employer would be cap exempt.

[snehanew]

I read few blogs and somewhere it is written as fresh visa petition will be cap exempt. on the other hand there were few which state that my Visa is not be valid as i have not traveled to US using the VISA, and new petition will not be cap exempt.
Can someone please help me with their experience that whether new petition from new Employer would be cap exempt.

The visa cannot be revoked by your company,they can revoke only your H1B petition.Your's will be CAP EXEMPT find an employer who can file new 1-797 if your visa is still valid then you can fly.

[RK4536]

My H1B Withdrawn, I am looking for Travel

hi guys,
Same case with me. My H1B is valid till Sep 2015 but employer withdrawn my petition and it revoked by USCIS.
Kindly suggest if any way to get fresh H1B.

[Ashwin502]

You can go for cap exempt visa, as long as you have a i797 copy with you.