H1B Visa Cancelled without Preduice(PED 30SEP2009)

I’ve got my H1B petition approved(PED 30SEP2009) in the quota of year 2006 and got the visa stamped(Valid till 30SEP2009) on the same year, its sponsored by company X. I have travelled for 3 months for company X.

Later in Jul 2008, 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 having all my H1B documents like I797 or LCA with me right now.

Can i still make use of my approved petition under cap exemption,with the petition got expired(PED 30SEP2009)?

Please Suggest.


Thangaraj N

Yes you are eligible in the cap exempt category. ‘Cancelled without prejudice’ is an administrative move that allows only one visa type to survive across multiple approvals.

Thanks Shankar for your Answer.

The Petition End Date is 30-SEP-2009 which is more than 6 years from today. Am i still be eligible for cap exempt?