I got H1B in the year 2019, and it was valid for one year only until 2020 . Due to the pandemic I couldn't go to the consulate for stamping . If I get a H1 from another employer now , will I be lottery exempt ?

[aarianu]

I got H1B in the year 2019, and it was valid for one year only until 2020 . Due to the pandemic I couldn't go to the consulate for stamping .

Eventually 2020 passed away and as I didn't go for stamping, couldn't go to USA.

If I get a H1 from another employer now , will I be lottery exempt ?

[Zodiac System]

There are differences of opinions between different attorneys regarding if this H1b can be used.

If you have any employer willing to transfer your   H1b, please give it a shot, cap exempt.  Also get into lottery as a back up, if possible.  Lottery registration end date is Noon, of March 17th.  Good Luck.

 

[pontevecchio]

It will not be cap exempt. You will need to go through the lottery again.

[JoeF]

Usually, you are only exempt if you have started working on the H1 or at least got the H1 visa.

[whiskeyjack]

You can probably find on post on Murthy forum saying that uscis is not consistent about this. By the strict wording of the law, you are not cap-exempt, but in practice uscis has treated many people in your shoes as cap-exempt. So I’d say definitely give it a shot, though having them register you for lottery is always a good thing.