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Employer revoked/Withdrawn an unused H1B . I mean the H1B was approved but never stamped. I never entered the US on this H1B visa. Am I cap exempted? I have approved I797 from the previous employer. I have seen mix response from lawyers on this issue. Some say I am Cap-Exempted and some say I am cap-subjected.

asked in H1B Visa by (370 points)

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IMO, you can still go the cap-exempt route. The best way to deal w/ it, is find an employer willing to file the petition for you, and then let their attorney file it.
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