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H1B cap-exempt or not

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  • H1B cap-exempt or not

    Hi folks,

    I had an H1B with my previous employer between Oct 2016 to July 2019. Post which they didn't respond to the RFE which I received on the renewal petition. Meanwhile I moved to Canada with an internal transfer in Feb 2020 while waiting for renewal decision. Later I came to know that the employer didn't respond to RFE, which I believe would have been rejected eventually.

    Now if I have to move to US with a new employer (working for past 2+ yrs), can they file an H1b as cap exempt, considering I previously had an approved H1b & didn't use up all 6 years or do I have to go in lottery again?

    Thanks.

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