Unused h1b revoked. Am I cap-exempt in future?

USA H1B Visa
1

Hi. I got my fresh h1b visa approved and stamped this year but did not join the employer after that.

That means I have never traveled on this h1b to USA. The employer cancelled my h1b as I did not join them.

Will I be cap exempt (lottery free) in future if I get a new employer who can file my h1b in future based on this petition?

Can I be cap-exempt even though totally unused h1b was revoked?

Please guide.

2

Yes, another employer can file a cap-exempt petition for you within 6 years of original H-1B start date. There is a blog post on main site where someone has explained their successful experience w/ this.

3

thanks. Are you mentioning about this link?

I read it but I just got bit skeptical as this link doesnt mention about cancellation of visa by first employer.

My visa has been cancelled by employer. Does that still qualify for cap-exemption?

4

I think it can still be done even after old employer has withdrawn the petition.

5

I’m in the same boat, curios to know what happened to your query namr1412?

6

This is slightly grey area. As you had H1B stamping done, you would be considered cap exempt as you had H1B status at least once. if you have an employer willing to hire you, they can use the details and apply as cap exempt. Also, the 6 year rule does not apply anymore. Read H1B Time Recapture Rule