H1B CAP Exemption - Stamping cancelled "Cancelled Without Prejudice"

USA H1B Visa
1

Hi All,

my situation is little different and hearing different opinions from different people.

Here it goes:

I’ve got my H1B petition approved(PED 18OCT2013) in the quota of year 2010 and got the visa stamped(Valid till 06MAR2013) on the same year, its sponsored by company X. I’ve never traveled from company X.

Later in Aug 2011, I quit the company X and joined Company Y.
Since Y is not having the policy of sponsoring H1B to the employees, i was asked to go for B1 interview.
During Business VISA interview my H1B stamping got cancelled by stamping “Cancelled with out Prejudice”.
I’m not having any of the H1B documents like I797 or LCA with me right now.

Later in the year 2014 I’ve entered US on L1B status and currently in INDIA.

Here are my queries:

  1. Can i still make use of my approved petition under cap exemption, since I’ve never traveled on H1B and the petition got expired(PED18OCT2013)?
  2. Can I travel to United States on H4 visa (my wife’s H1B dependent) and change the status to H1B (by using my existing petition), in case i found a sponsor?
  3. Can I go for re-stamping my H1b visa with the existing petition in my country in case I could find a sponsor.

Please guide me to proceed further in getting my H1B visa.

Regards
Uday

2

Here are my queries:

  1. Can i still make use of my approved petition under cap exemption, since I’ve never traveled on H1B and the petition got expired(PED18OCT2013)?

Ans: You need to refile the H1 petition with cap-exempt use of the previous approval(you need the I-797 copy for it)
2) Can I travel to United States on H4 visa (my wife’s H1B dependent) and change the status to H1B (by using my existing petition), in case i found a sponsor?

Ans: Yes, if you have the previous approval copy.
3) Can I go for re-stamping my H1b visa with the existing petition in my country in case I could find a sponsor.

Ans: You need the new sponsor approved petition for stamping