old H1 revoked. Am I Cap Exempt or Subject to Cap?

[2ndh1bvisa]

Hello everyone,

Previously I was on a H-1b visa for almost 1 year and then due to the recession & issues with USCIS, my employer had to revoke my H-1b visa [along with that of many other collegues].

But I changed to a F-1 visa and now I am graduating from my 2nd master's degree soon. My current employer [ I am on CPT currently] is willing to apply for a H-1b visa.

It has been less than 6 years since my H-1b visa was filed and approved.

Also my previous H-1b was in the 20,000 MS quota.

Am I "Cap Exempt" or am I subject to the Cap again?

[JoeF]

If it has been less than 6 years since the H1 was approved, you are not counted again. Employers are actually required to cancel the H1 if a person no longer works for the employer. That has no effect on being cap exempt.

[2ndh1bvisa]

thanks Joef,

its a relief to get confirmation that I will not be subject to the Cap.

thanks again.