Will cap exempt filing apply to Unused Approved H-1B

[hr_one]

Hello,

Company A has filed my fresh h-1b in Apr 2015, it got selected in lottery, got approved without rfe.
I went to stamping in Jan 2016 but got 221g asking all the documents from employer and me. I have submitted docs in Feb 2016 but not very sure about the positive outcome. Similar case happened with one of my friends with same employer last year and his case revoked and sent back to uscis.

I wanted to know while 221g is in process, can I find new employer and file a fresh cap exempt petition? My approved petition is valid till sep 2018. I am out of US right now.
Should I wait for 221g outcome? Please help!

[raghvi]

Hello,

Company A has filed my fresh h-1b in Apr 2015, it got selected in lottery, got approved without rfe.
I went to stamping in Jan 2016 but got 221g asking all the documents from employer and me. I have submitted docs in Feb 2016 but not very sure about the positive outcome. Similar case happened with one of my friends with same employer last year and his case revoked and sent back to uscis.

I wanted to know while 221g is in process, can I find new employer and file a fresh cap exempt petition? My approved petition is valid till sep 2018. I am out of US right now.
Should I wait for 221g outcome? Please help!

Its not a fool proof option. If underlying petition itself has been sent back to USCIS for revocation, it would not be considered as part of cap.

This is my opinion not legal advice.

[hr_one]

Thanks! Have anyone been through this situation? What would be options for me?