H1B cap exempt new employer

[rajasanjeevkumar]

I did my Master's in US. My first H1B got approved in 2008 and worked for only 3 months under H1B. I returned to my home country and I didn't get my h1b stamping. Also, as I moved out of US, my employer might have revoked my H1B visa.

 

I moved back to US in 2014 under L2 visa. A non-profit organization sponsored a new H1B for me under cap-exempt as it is non-profit educational institution. 

 

Now, I have to search for new employer as my current employer wants to downsize. My question is, Can a new for-profit employer apply for cap-exempt h1b application because I am already counted against 2008 h1b cap, even though my h1b was revoked at that time? Does it matter if my h1b is NOT revoked?

 

Thanks a lot

[rohang]

yes, it can be used for cap-exempt (using 2008 application).