Rules for applying H1B petition in Cap-exempt scenarios

[abapna]

Dear Team,

There is a lot of confusion around H1B Cap-exempt cases and the rules that apply to identify whether a case is cap exempted or not. Can you please help with the rules laid by USCIS around Cap-exempt?

Also, can you explain the motivation behind Cap-exempt category made by USCIS?

 

Example: I am so confused whether I have a Cap-exempt case or not.

My H1B petition was picked up in lottery in 2015 (my petitioner was a non-cap exempt employer). H1B Visa was never stamped. But company filed L1B for me in 2017 and I travelled to US on L1B in 2017 and returned back in 2018 back to IIndia. Meanwhile, my H1B petition got expired in Aug 2018.

Now, as of writing (20-Feb 2019), can I apply for H1B under Cap-exempt category in premium processing ? Pls guide.

[JoeF]

Your H1 was not stamped, that means you have not been counted in the quota. You are not cap-exempt.