Need info on H1B expired petition - Cap Exempt?

USA H1B Visa
#1

Hi,
Need information on my H1B expired petition.

I got my visa stamped on 2013 Jan valid till 2015 October. In between this period i travelled to US on 2014 September and returned
back to India on 2015 October. Since my petition expired by then my employer filed for renewal and I got the visa renewed till
2016 December but did not travel on it and it got expired.

My question here is will I be eligible to apply for a renewal now under cap exempt ? Or should I file a new H1B petition where I
need to go for lottery ?

I tried to google and check with few others and got mixed responses. Hence posting here. Please reply or provide any links
which has answers to similar situations.

Thanks in advance

Harsha

#2

Yes, as long as you had H1B status at least once, you can file under cap exempt. No need to go through lottery again. Looking at your case, you worked on H1B, so you are cap exempt…

#3

Thank You Kumar for your time and providing the information.

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