H1B Petition Revoked - H1 Cap exempt transfer possibilitied?

[jonyamit]

Hello Experts,
My H1B petition number was approved in 2013 , was valid until September 2016. Visa was also stamped in 2013 october.
Due to some personal reason I did not travel to states, After an year i.e 2014 October, My petitioner requested USCIS to revoke the my petition.

Now i got another employer having confirmed role for me and they would like to transfer my petition under cap exempt.

As I already gone through under cap once, so I would like to know if my H1B petition(which was revoked) can transfer to other employer under cap exempt?

If transfer is possible, until when (my petition was approved in 2013) I have time to initiate the transfer process of petition?

I'm out of status and already in my home country, from some of the forums I learnt I would be considered as cap exempt, but some says, revoke petition dissolves the process i need to go through entire H1B process again. I've no concrete information. If some of you had similar situation in past can share your experiences or may be someone has more insights on this?

I have below 2 questions -

1) If H1B petition is revoked, does transfer is possible under cap exempt?
2) If transfer is possible, until when my new employer can initiate the transfer process? I have never traveled on my Previous H1B, so does 6 years window apply for my case to transfer the petition?
Thank you for your time reading it. Looking for to your answer.

Thanks
Amit

[rajesh_chv]

Hello Experts,
My H1B petition number was approved in 2013 , was valid until September 2016. Visa was also stamped in 2013 october.
Due to some personal reason I did not travel to states, After an year i.e 2014 October, My petitioner requested USCIS to revoke the my petition.

Now i got another employer having confirmed role for me and they would like to transfer my petition under cap exempt.

As I already gone through under cap once, so I would like to know if my H1B petition(which was revoked) can transfer to other employer under cap exempt?

If transfer is possible, until when (my petition was approved in 2013) I have time to initiate the transfer process of petition?

I'm out of status and already in my home country, from some of the forums I learnt I would be considered as cap exempt, but some says, revoke petition dissolves the process i need to go through entire H1B process again. I've no concrete information. If some of you had similar situation in past can share your experiences or may be someone has more insights on this?

I have below 2 questions -

1) If H1B petition is revoked, does transfer is possible under cap exempt?
2) If transfer is possible, until when my new employer can initiate the transfer process? I have never traveled on my Previous H1B, so does 6 years window apply for my case to transfer the petition?
Thank you for your time reading it. Looking for to your answer.

Thanks
Amit

1) If H1B petition is revoked, does transfer is possible under cap exempt? YES
2) If transfer is possible, until when my new employer can initiate the transfer process? I have never traveled on my Previous H1B, so does 6 years window apply for my case to transfer the petition? YES. I think with in the 6 years window any employer can file a transfer petition under cap exempt.

This is my opinion not legal advise.

[jonyamit]

1) If H1B petition is revoked, does transfer is possible under cap exempt? YES
2) If transfer is possible, until when my new employer can initiate the transfer process? I have never traveled on my Previous H1B, so does 6 years window apply for my case to transfer the petition? YES. I think with in the 6 years window any employer can file a transfer petition under cap exempt.

Thanks Rajesh,

I'm really confused as some claims "YES" possible to transfer H1 Petition which is revoked, some says "No" once H1 Petition is revoked , then we have to go for fresh H1 Cap.

Can anybody has similar view or experience on that? Perhaps any official lines/docs from USCIS would help lot.

Looking forward for your opinions/experience on that, thanks ahead!

Amit

[jonyamit]

Hello Experts,

Any suggestions please?