Am i Elgible for Cap Exempt now?

Hi,

First time,I got my H1B in 2008 and travelled to USA in Nov 2010 and worked there till Sep 2011.

And in Aug 2011 i got the extension for 3 more years till October 2014

but due to my fathers expiration i had to come back to india and in india my visa renewal interview got rejected and 2nd petition has been revoked by USCIS and i’m still holding first time petition that was approved in 2008.

Now my Question is, am i elgible to file H1b under CAP EXEMPT or not if I get the employer.

Please advise me, thanks a lot for your help.

Yes, you’re eligible to file a CAP Exempt H1B.

By the way, when you already had an approved H1B petition, why did you apply for a 2nd petition ?

Yes Thanks so much for the answer,

My first petition was going to expire in 2011 Sep, so my employer filed for extension.

this extension copy(new copy is revoked by USCIS).

Now, I hope it wont be any issue to file H1b under cap exempt now?

Please confirm me, BTW thank you so much for answering my queries.