H1B Cap exemption - No travel to US, No Stamping?


I have myH1 petition approved in Jan 2017 and it got expired in Sep 2019, But I didn’t get a chance to travel to US on my petition. Do I need to appear for 2020 lottery or can I go for CAP exempt petition.


Well, this is slightly grey area…If you had stamping, you are technically considered as Cap Exempt as you had h1B status given once by the US consulate…If not, then USCIS may question that part…There are success from past, but also many new ones got this query…so hard to say…If you have an employer willing to try, you can give it a shot as cap exempt…If not, you need to go for H1B 2021 Season.