H1-B visa approved in 2017 and withdrawn , can I count as Cap-Exempt

[H1visa2017]

I am on L2 visa in the US and working with an L2 EAD. I have an H1-B cap-subject approval in Jan 2017 from Company A but did not join company A and continued to work for Company B with an L2-EAD. Company A then sent USCIS to withdraw/revoked my H1-B petition. Now, in 2019, can I request Company B to file for a CAP-EXEMPT H1-B petition using the 2017 approved H1-B visa so that I can change status from L2 to H1? 

My questions are

1. Can I use the old revoked petition to file a CAP-Exempt H1-B?

2. Or do I have to be counted under CAP and file only for FY 2021?

 

[pontevecchio]

1. Based on new rules, you will need to be subject to the lottery once again.

[cyberlord]

1. No, since you did not travel on your H1-B from Company A

2. You are cap-subject

[Attorney_14]

If an individual receives an approval notice with an I-94 attached to the bottom, that individual needs to begin working for the employer on the approval notice in order to be considered counted against the CAP. If the approval notice does not have an I-94 attached to the bottom, the individual would need to apply for an H1B visa and re-enter the U.S. in H1B status. Then, the individual needs to begin working for the employer in order to be considered counted against the CAP. If the individual does not begin working for the employer, they will need to enter the lottery again because the individual has not been counted against the CAP.