Question: I am on E-3 visa and applied H-1B visa with employer A and it was picked in lottery 2015, but the same time I joined employer B, on E-3 visa, so my H-1B visa was abandoned in 2015. My question is If I want to apply H-1B visa this year, do I go back to my previous Employer (A) and apply for a new H-1B visa or I am exempt from the lottery this year? Please advice.
Answer: You are exempt from the CAP if you were approved in 2015 and the H-1B was not withdrawn prior to October 1st of the same year. You do not have to go through the CAP or go back to the first employer.