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 !