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Recapture unused time or Apply New H1?

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  • Recapture unused time or Apply New H1?

    Hello Experts

    This is my first post here so please bear with me for any mistakes or if this has been answered already.

    My H1 was denied on Jan-2 2020 and I left the US on Jan-11-2020. My max out was Mar-31-2021. My company had not initiated the PERM process. Once back to India I started a CAP exempt H1 internal process but my company has a restriction (I did not see any from the USCIS) that they need 2 years left in the H1 in order to file a CAP exempt petition to recapture the unused time (1 year and about 3 months).

    1. What would be my best option now. Is it to wait until 2021 filing that is subject to CAP.?

    2. Will I never be able to utilize the unused time in the current H1?

    3. Can I file a new H1 subject to 2020 CAP with a delayed start date of Jan 2021?