Hi, I had my previous H1 B petition approved in June 2017 while on OPT and got
successfully stamped in India in Dec 2017 for 3 years. But due to some personal reasons, I decided to not come back to US and my employer withdrew the petition and thereafter the USCIS revoked my case. My question is, Im actually entering the USA now
on F1 visa (day 1 CPT college). So once I find an employer who can sponsor H1 ,will I be cap exempt or non cap exempt in my specific case?
Once approved under cap-subject you are cap-exempt to claim any remainder time of 6 years.
Thanks Kalpesh for your time and reply. I appreciate it a lot. By the way, I would like to clarify one more thing which I missed mentioning. I had never travelled to US and never been on H1 status for a single day. I just got H1 stamping done. Will that affect my cap exemption?
This is okay, your new H1B employer can file cap-exempt based on the copy of original I-797 approval notice and copy of visa.