H1B- " Cancelled Without Prejudice"- Can the petition approval used for new stamping

[GEEMKU]

Hi

My H1B visa cancelled with stamp " Cancelled Without Prejudice" when I left my earlier employer. My Petition is valid for 2 more years. Can I use this petition to get my H1 approved and stamp from new employer.

Regards

[kabkaba]

Have you joined the new employer? Where are you located? Has the new employer filed a petition for you?

[GEEMKU]

I have joined a new employer in India. They have not filed any petition for me so far. Basically my cancelled H1b was actually stamped in Mumbai but I couldn't travel to US using it.

[kabkaba]

Your new employer can file a cap-exempt petition for you at any time using the cap number from the previous petition. After that is approved, you can obtain a new Visa from the consulate and then travel to US to work for the new employer.

[GEEMKU]

Thanks a lot for the details.
How much time does it take(on an average) to get the file a cap-exempt petition approved ?

[kabkaba]

Same as any other petition. 2-3 months for regular processing, 15 days for premium.