Am i cap exempt h1 221g ->h4 (->H1)

[mgm11]

I have a question on Cap Exempt and am getting different answers from different folks.

Had h1b for last one year and was working. Went for stamping and got 221g slip ->withdrew my H1-> H4 visa stamp.

After a month, if I want to apply for h1b, will I be cap exempt or becauase I withdrew my H1b , i will not be considered cap-exempt. Please let me know.

[raghvi]

Am i cap exempt h1 221g ->h4 (->H1)

What was your status before H1B? On which visa did you enter US?

[shervin143]

If you haven't utilized all 6 years in that H1B CAP, then any employer can file a new H1B petition using the CAP from the previous approval notice and request animmediate start date. You don't have to wait for the quota to open again to file a new petition. Withdrawing the H1B visa application has nothing to do with CAP.