Can we file a new H1B with cap exempt on a revoked H1B

[Joseph13]

Can we file a new H1B with cap exempt on a revoked H1B (which was never used to travel) ? Got the visa approved on 2020.But never stamped and left the company. I'm on H4 visa in US now. Want to know if i'm eligible for H1B Cap exempt with a new employer. Or since I have never used previous H1B, has to go through lottery process again ?

[rkk09]

Can we file a new H1B with cap exempt on a revoked H1B (which was never used to travel) ? Got the visa approved on 2020.But never stamped and left the company. I'm on H4 visa in US now. Want to know if i'm eligible for H1B Cap exempt with a new employer. Or since I have never used previous H1B, has to go through lottery process again ?

Hi Member,
Did you get H1B Approved with consular processing or change of status approval? If the H1B is under change of status approval and it got revoked before Oct 01 then you can not file the H1B under CAP exempt now. In order to seek the H1B, again you will need to consider H1B CAP electronic registration.
Thanks

[Joseph13]

Picked up in 2019 lottery and got approved in 2020. It got revoked in 2021 after resigning from the company. It was never stamped.

[rkk09]

Picked up in 2019 lottery and got approved in 2020. It got revoked in 2021 after resigning from the company. It was never stamped.

Hi Member,
In this case, I feel you are eligible for CAP exempt petition. Please have a Job offer and get started with H1B petition.
All the best.
Thanks