I 797 cancellation by employer

[karthikragunath]

My employer filed I129 petition and I got it approved. I 797 petition will be send to my employer. Now, I am resigning the job and so the employer wants to cancel the VISA.

Since I am under the cap already, shall I use the same cap when a new employer sponsers H1B for me?
If the employer cancels, will it cancel this cap exemption?

[kabkaba]

If petition is already approved, a subsequent withdrawal will not make you ineligible for cap-exemption. However, you new employer will need at the very least the previous receipt number and if possible a copy of the receipt or approval notice to claim that cap exemption.