Need Help on a interesting H1B case

[moony6676]

I am explaning the case in very simple form here below...

I worked with company AAA H1B visa from OCT 2006 till JANUARY 2008(ACTUAL VALIDITY OF AAA company VISA is FROM OCT 2006 to OCT 2009)

then AAA company was changed to new company named BBB in 2008 and so I got new H1B papers on new company name and I worked from January 2008 to Oct 2008 on BBB with new H1B petetion papers,then came to india in same month..

I came to India in Oct 2008 and went to consulate for new H1b Visa stamp in Dec 2009 just 2 months after my valid visa with AAA VISA EXPIRED( AAA visa was expired in OCT 2009),though I started working with BBB from JAN 2008 to OCT 2008 while still I have valid AAA VISA on my passport.

The consulate officer gave me a query under 221g when I went for visa with new papers of BBB PETETION and stamped CANCELLED WITHOUT PREJUDICE on my previous expired visa..
After 1 year I got below mail saying 1 year has elapsed and they could not process my case under 221 g.But,they no where mentioned that my visa has been rejected or refused .Instead,they asked me to apply for new visa by paying MRV fees and take visa appointment online.

So in this case if I come to US on B1 visa can I transfer to H1B with out coming under H1B cap ????
I was in USA for just 20 months(I didn't use my 6yrs period on H1B visa).My first visa I got in 2006 oct so its only 5 yrs now...

Please suggest me will I come under H1B cap or I can trasfer from B1 to H1B with out Cap related Problem given the scenario?

[anna1234]

yes .. you can apply cap exempted h1. The general rule is if you have received H-1B within the last 6 years, then you can claim that you are not subject to the H-1B quota. You will get the 6yrs - what ever time you spend in US. You dont need to be in US to do the same you can do it in India and get it stamped.

[moony6676]

Thank you very much Anna1but just one more question please

Hi Anna,

Thank you very much for your reply!!!

I have CANCELLED WITH OUT PREJUDICE on my old visa..

Now when I am booking appointment for B1 visa,there is a question like

HAVE YOUR VISA EVER BEEN CANCELLED OR REVOKED??

so what should be my answer YES or NO.

Does CANCELLED WITH OUT PREJUDICE on my old visa..come under CANCELLED or REVOKED status or something else they are asking.