Approved H1B withdrawn before COS, so am I cap exempt?


ElNino009

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Dear Sir/Madam,

I have done my MS in Electrical Engineering from US univ.

In 2012, my employer applied for my h1B visa under general quota(65000) and got approved. But my employer informed me (in Aug 2012) that they won't be able to support me and hence, we applied for withdrawal.

We filed for withdrawal and later I got my h1B approval notice. But we were successfully able to withdraw my H1b before 1st Oct and hence, I maintained my OPT status and never really went on h1B.

Currently, I am on stem extension OPT.

Am I cap exempt when my new employer files for my h1B?

Or I have to apply under quota again?

Please let me know if you have any questions.

I really appreciate your help.

Thank you.

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