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My India based employer filed my H1B application in the year 2007. The application was selected in the random lottery, and the same was approved by USCIS. I never travelled on this visa and the H1B remained unstamped. The approval notice remained with the immigration team, and I am not aware of the receipt number.
Meanwhile, I came to the US in December 2007 on an H4 visa by availing leaves.Due to personal reasons, I could not resume work and had to resign in the month of September 2008. At the time of resignation, I was informed by my employer's immigration team that the H1B would be cancelled upon resignation.
1) If a fresh H1B is filed, would my application be counted against the current year's cap?
2) Or, will my previous H1B approval for the year 2007 take effect and qualify me as exempt from the cap?
3) If answer to Question 2 is 'Yes', is it necessary to provide the receipt no. of the previous H1B? I have no idea of the receipt no. My previous employer have not shared the same with me.
Meanwhile, I came to the US in December 2007 on an H4 visa by availing leaves.Due to personal reasons, I could not resume work and had to resign in the month of September 2008. At the time of resignation, I was informed by my employer's immigration team that the H1B would be cancelled upon resignation.
1) If a fresh H1B is filed, would my application be counted against the current year's cap?
2) Or, will my previous H1B approval for the year 2007 take effect and qualify me as exempt from the cap?
3) If answer to Question 2 is 'Yes', is it necessary to provide the receipt no. of the previous H1B? I have no idea of the receipt no. My previous employer have not shared the same with me.
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