I got my H1 stamped in 2005, but had to go on L1b. During my Lunch visa interview, H1b stamping was cancelled without prejudice. I was in US for an year till July 2006.
Can I use that 2005 H1 pettion now for cap excempt?
You already passed the quota of 6yrs without using that. So i don’t think you can reuse that. I guess you have to apply in regular quota only. you won’t fall under exempt category.
One of the consultant said he can try it and see if it gets approved. Let me see what he has to say.
There are couple of cases shared recently, where USCIS didn’t both about the 6 year rule. So if the employer is willing to take the chance, go for it. Hopefully it is not your money in the game but employer’s.
Thanks for your input. Yes, read through some of the experiences shared and it looks one should have held the status or should use that approved petition.