H1b withdrawn on 5th year,planning to file a new h1 on cap gap after 365 days cool off period?is there issues i can face with visa stamping?

USA H1B Visa
1

Hi,
Finished 5 years out of 6 years and during the last year of extensions i got NOID due to lack of University Accreditation and I140 is not yet filed.
As per the guidance from my attorney we withdrawn the H1B so that it’s safe to apply new H1B for the cap gap season April 2020.For now, in order to maintain immigration status and to be on safe side for new H1B i left to India on Mar 7th 2019 to have my 365 cool off period.
If the application get picked in 2020 next year,Will there be any problem with Visa stamping?Do they dig my old H1B record with multiple RFE’ s and reject my new Visa?or Should i go for F1 on second Masters in this year and move to new H1 ?any advice would be appreciated
Thanks for your help in advance.

2

For which petition ? for your H1 or i140?
Fraud/Invalid credentials wont fly at any time. Since you have such notice on your record, USICS always drill back and hook you there for any future petitions. If any issue due to employer on your petitions, filing with other employers would fly. First make sure that there is no issue on your eligibility or credentials when you are filing next time.
Also you dont need to fall under cap for your next H1B filing.

3

Thanks for your response.
I received NOID on H1b and I140 not filed.
I am planning to use 365 day cool off period and apply new H1 in 2020 in bachelors rather than using my masters degree which is ineligible.
Do you think this works? Please advice