H1B visa transfer -- "cancelled without prejudice" & more than 1 year gap


I got my H1B on Feb 2012 valid until Jan 2015. At that time, I was on OPT, working a company in the U.S. So, I visited India for a week, got my H1B stamped and returned to the U.S.

Due to personal reasons, I quit my job in the U.S. and returned to India in May 2012.

In March 2013, I had to visit the U.S. for a personal reason and I applied for B1B2 visa, got it and visited the U.S. for a week. At the time of approving my B1B2 visa, my H1B visa was stamped as “Cancelled without Prejudice”.

Now, while living in India, I am searching for a job in the U.S. If I get a new job in the U.S. before Jan 2015, then am I eligible for cap-exempt H1B (H1B transfer)

  1. though my H1B visa has been stamped as “Cancelled without prejudice”?

  2. though it has been more than 1 year since I have not worked in the U.S. using my H1B visa?

I contacted few lawyers on Point (2) and they are giving different answers. Please help.