Query on cap exemption

[Shikha1234]

Hi Shervin,

As per your responses to many queries, if a person has not used complete 6 years of the CAP in H1b, any employer can file a new petition using cap from the existing petition.

I have a doubt here. My current status is H4. I got to know from somewhere that even if the previous approved H1b petition has been revoked by the employer who filed it, a person can still be cap-exempt and any employer can file a new petition using cap from the existing one.

Is this a legal scenario ?
Kindly help.

[shervin143]

Yes, that is correct. You will need a copy of the approval notice or at least the receipt notice to prove that you are already CAP counted.