Can a new employer file my H1 under cap-exempt?

[shivang1716]

Hi Everyone,


Can someone please help me answer this question,


Can a new employer file my H1 under cap-exempt given the following details?

• I have an I-797A which says my H1 is valid from oct/1/21 to sept/30/24.
• My school said my F1 was completed as H1 became active on Oct/1/2021.
• I left my job before oct/1/21 (Never worked with the employer who filed my H1 after it was active)
• My Employer whole filed my H1 sent a withdrawal request which reached USCIS on October 7 which was after the H1 became active.

Summary - Approved H1, just job before it was active, but withdrawn after October 1 when it was already active.