Unused H1B > Eligible for CAP exempt H1B petition?

Background: Worked on STEM OPT from June 2015 - Oct 2018.

I had an approved H1B starting Nov 1, 2018 through Jan 10, 2019. I did NOT use it at all and left USA in Oct 2018. Wondering, if I do get a job in USA will I be eligible for CAP exempt h1b petition ? Thanks

If you never worked for the H1B employer meaning your H1B was never activated to be counted against the cap.
That being said there have been instances USCIS has approved cap-exempt filing based on prior approved but unused H1B. It just depends on the adjudicating officer to approve or deny your case.

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thanks a lot ! :slight_smile: God bless !

My H1-B petition was applied in Apr-2017 and was approved in Nov-2017 through Employer-A. I did not go for stamping. I raised FOIA request to get the approval notice (It took almost 4 months to get it). My current employer applied for H1B cap exempt petition using approval notice in June 2021 and it was approved.

You can try your luck if your employer is willing to apply for cap exempt petition.


Thanks a lot ! :slight_smile: Your response gives me lot of hope. I too, have raised FOIA request, hoping to get it by December. Then the only thing left to do is find a job :stuck_out_tongue: