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H1 revoked ..not travelled

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  • H1 revoked ..not travelled

    My case history is as follows:

    I got my H1 approved in 2012 valid till sept 2014 and was stamped in late 2013(after 221g).Filed for cap exempt in 2014 and got new petition valid from sept 2014-aug 2017.
    Stamped in 2014 with validity till sept 2016..

    I then left my company A in December 2014 and joined company B.Company A revoked the petition in May 2015 and I haven't traveled on H1 till now.

    Company B was planning to file cap exempt but now says that it cannot be filed as cap exempt because:
    1.There is a new rule in USICS as of June that if you have not traveled in your previous petition,you cannot file as cap exempt.
    2.The petition has been revoked before getting active.

    I was giving interview for another company which said that both the scenarios can be dealt with and they can file cap exempt.

    Can someone please help me and let me know if I can still file for cap exempt?

  • #2
    Was your new employer very sure that both the scenarios can be dealt with?

    I am told that revoking of the petition by old employer is not a concern.
    I am also told that if you travelled even once on the filed petition using an H1 on the same then you can surely use the same petition.

    in some cases some employers confirm that they have got people on board after a petition transfer even when the employee never had a stamping and petition was more than 6 years old.


    • #3
      I have stated both my concerns and the new company says that they are sure that they have filed such petitions in the past.

      My current employer however stated that since I haven't traveled even once in my old petition ,it was never activated and therefore I am not eligible for cap exempt.