I got H1B lottery in 2017, as the positions are not vacant my employer just ignored and not processed further. As of today I got call from my employer and I shown interest, I would like to know whether am I still eligible for process as lottery result was close to 2 years old.
Please suggest or share info if any one has come across this situation.
Thanks in advance.
Naveen Kumar Matta.
Did you get H1B stamping after your H1B Approval ? If you had stamping done for H1B, then you may be able to use it as cap exempt and no need to go through lottery. But, if you have not got stamping, then it is slightly grey area. USCIS can question that you never had H1B status, so you may need to go through lottery. If you have an employer willing to sponsor, you can give it a shot.
Hi Kumar, Thanks for your reply. I never got stamped after lottery so as per your comments the decision is purely depends on Consulate. Let me try my luck.
It does not depend on the Consulate, it is USCIS discretion.