Can a h1b application be refilled in a different category?

In my case I already had an unused expired but approved petition which was filed around 3 years back when there was no lottery but was not able to use it and fly to us due to some personnel issues.
Now this time I got it filed once again altogether as a new petition without choosing any category thinking that there won’t be any lottery .
I came to know now that I could have got that filed in a different category which is Cap Exempt.

Thertefore just want to know that can this category be reused even after my visa dosen’;t gets picked up in the lottery and if yes the is there any time duration after which a person can reapply or he can again go for the other category then and there as I have heard that the applications in this category are still being accepted till now.

If your previous h1b approval was within the last 6 yrs and that petition was subject to the cap , an employer can file a cap -exempt petition for you at any time of the year requesting for an immediate start date.

Just wait and see if you make it through the lottery , else ask your employer to use the old approval notice and file a cap exempt petition for you.

Thanks For the reply!!
One more thing ,My current employer is not the one who had filed my previous petition still can this employer file for my new petition in the cap exempt category?

Also I just have the scanned copy of my earlier petition not the original copy still can the same be filed …Please let me know about this query as well as the one asked before this one.

  1. Yes employers need not be the same
  2. Scanned copy should be enough .

PLease note to consult with an attorney for proper legal opinion though . This is just info based on my experience , do not take it for granted.