Question on Cap Excempt H1B for a revoked H1B which is never used

Hi @Kalpesh_Dalwadi,

I have an H1B which is approved in 2016 by Company A. I have the approval notice with me. I did not stamp H1B because I have travelled to USA on L1 Visa with my current company, Company B. Since I have not used the H1B, it has been revoked by the company A, who filed my H1B.

Now my L1 tenure is ending with Company B and I will go out of USA in 2 months. After one year of cooling period, am I eligible to apply for cap except H1B from a new company, say Company C because I have an approved H1B? Please note - My H1B has been revoked and I have never stamped the H1B visa and never worked with Company A. Also, H1B was approved 6 years back.

Any guidance on this would be much appreciated.


New employer can file cap-exempt H1B. There are cases where USCIS has approved cap-exempt even if viaa wasn’t stamped after the first time H1B approval.

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Thank you @Kalpesh_Dalwadi for the quick reply and suggestions!