Hi, my eployer had applied h1b for me. It came under lottery and as my case status , i129 was approved too. However due to personal reasons, I left the employer. Will my case be cap exempt if another employer wants to pursue it?
Well, if you have not entered US on H1B and never had H1B status even once, then it is kind of grey area…Some have been successful, some have not been successful…In the past, USCIS has considered cases like yours as cap exempt, but in recent years, they have been questioning some of them that the user never had H1B status at least for one day…Discuss with your attorney and worth taking an attempt as cap exempt.