H-1B petition approved, then withdrawn. Cap exemption or not?

Hello everyone,

I am in US currently. I was working for Employer A from last May to last August in US. They helped me apply for H-1B at that time and the petition was approved (I have the approval notice). Then, I resigned that job last August and went back to school to continue my PhD program. Meanwhile, I asked Employer A to withdraw my H-1B petition and it was withdrawn before Oct 1st, 2012. Therefore, my H-1B has never been activated, i.e. my F-1 status has never been changed.

This year, I got an offer from Employer B and the quota for H-1B was just filled this Friday and I cannot jump into the lottery. Can I use my H-1B petition which was approved last year, although it was withdrawn? My OPT will expire in the end of this December and Employer B is not E-Verified. Thus, I cannot apply for OPT extension.

Thank you very much for your help and I am eager to hear your response!

Many thanks!

Yes, you are cap -exempt as you had a prior approved H1B. To confirm, check with the company lawyer too.