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H-1B visa expired and the petition is revoked, NEW Peition be filled with Cap-Exempte

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  • H-1B visa expired and the petition is revoked, NEW Peition be filled with Cap-Exempte

    Hi All,
    I?m looking for guidance how to proceed my case. From Employer A I got H1-B visa approved in 2013 valid through 10/01/2013 to 09/30/2015 and visa stamped for the same duration, but I didn?t travel with the Employer A and in 2014 Employer B transferred the petition, I traveled to US in Nov 2014 with the pervious Employer A visa stamping, but in 2015 the Employer B applied for extension and location change and it was approved through 08/04/2015 to 04/19/2018.
    I returned to India on June 2016 totally spending ~ 1 year 6 months and didn?t travel back to US with Employer B. In Dec 2016 I left the Employer B and joined Employer C in Jan 2017, now the Employer C wanted to transfer the H1-B but the Employer C attorney says that the petition that we were sent was revoked this means that the Employer B has requested the USCIS to revoke the petition.
    Here are my queries:
    1. Will I be counted as Cap-Exempted? Considering the the initial H1-B visa was approved in 2013.
    2. If Cap-Exempted should a NEW Peition be filled with Cap-Exempted and consular processing.
    3. Is there any other way apart from the Point 2 to get the H1-B petition approved?
    4. If the petition gets approved will the duration of the approval depends on the dates mentioned in the petition (3 years)?
    Would be appreciate if anyone can help me with this.
    Thanks.
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