Expired H1B. Will it be CAP Exempt?


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Hello All, 

I have a query regarding H1. In brief, about the case 

In 2014, I was working in India and a consulting company from USA had filed H1 and  was approved for 3 years (Nov 14 - Sep 17). But during stamping (Dec 14), I was issued 221g blue for unable to provide the client letter. They asked me to email the required docs and told decision would be provided. The company was unable to  provide the letter and we had to withdraw the petition. Later in 2015, I came to USA on F-1 and completed my masters and currently working as a full time employee on OPT. The present company is now planning to sponsor H1. 

Q1) Can the present company take the old expired petition to file new H1?
Q2)  Will I go through the lottery again or would it be cap-exempt ? 

Please help me. Thanks in advance. 

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6 hours ago, csit1260 said:

Hello JoeF, 

Thanks for the response. I didn't understand it clearly. Could you please explain it again. 

Thank you 

That means that you were not cap counted and your new employer would need to file a new H1B petition this April. You cannot transfer or extend the application for which you were refused visa, since you never worked on H1 before, you were never in that status.

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