I got my H1b stamped in 2014 but never got to travel to US. In 2016 I resigned and came to US for a MS program on F1. My H1 has since been revoked on request of my former employer.
Can I utilize my previous approval when my new sponsor files my petition or do I have to go through the lottery again ? I have heard conflicting opinions from attorneys, some claim I wasn’t counted against the cap since I never entered US on H1 and some say that since I already got it approved and stamped, I am already counted and will be considered cap exempt. From a speed perspective is COS advisable or go for consular processing and re-enter. I am planning to take up a job while I pursue my MS classes in the evening.