Old H1B "Cancelled without Prejudice" Cap Exemption

[Gary27]

Hi All,

I know the similar kind of question is asked earlier but I didn't get the answer and hence seeking help here.

Events:

1. My company applied H1B in 2006.I got my Visa in 2007 after interview.

2. I traveled US on Jan 2008 and worked till 2009 and then returned to India. After that I changed my company and Previous company cancelled my Visa without Prejudice.

3. Since, 2011 onward I am working in Canada and traveled to US on B1/B2 for Tourism and never for work. I am on PR and not a citizen still so TN Visa is out of the equation.

4. Now, I am looking to Work in US.

Questions:

1. Can my old H1B visa used for CAP Exemption in case I get an offer?

2. My old H1B Visa had expiration date in Sep 2009 and I heard that we can use cap-exemption only for 6 years. Is it right information? Then, in this case I can not use my old H1, Please confirm.

3. Do I need to start a fresh to get H1?

Thanks in Advance!

[shervin143]

1. Can my old H1B visa used for CAP Exemption in case I get an offer?
>>> That CAP will no longer be valid for a transfer at this time.

2. My old H1B Visa had expiration date in Sep 2009 and I heard that we can use cap-exemption only for 6 years. Is it right information? Then, in this case I can not use my old H1, Please confirm.
>>> That is correct.

3. Do I need to start a fresh to get H1?
>>> Yes.