H1B withdrawn on 5th year,Can i file a new H1 on Cap Gap?


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Came to US in 2010 for masters and got my 1st H1B in 2013 and since then working with same client with same vendor . Finished 5 years and out of 6 years and during the last year of extensions i got NOID due to lack of University Accreditation and lack of client letter and I140 is not yet filed.

As per the guidance from Sheela Murthy’s law we withdrawn the H1B so that it’s safe to apply new H1B for this cap gap season April 2019.For now, in order to maintain immigration status and to be on safe side for new H1B i left to India on Mar 7th 2019.

Can i apply New H1 this year April 2019 on cap Gap (Where my current H1 period is ending this Oct 2019) or Is it safe to take 365 days and apply H1 next year April 2020.

Any options?

Please advice.

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