H1b Approval Notice Withdrawn Before Change Of Status Date. Is It Cap Counted?

[Aodhagan]

I was on a F1 when my H1 approval notice came through. Was laid off before effective change of status date of Oct 1 and the H1 was also withdrawn by Sep 14. Later I did a cos from F1 to H4.

Effectively, I had a H1 approval but was never on a H1 status. Now, I want to do H4 to H1 COS and am wondering if my petition is cap counted.

[avrum]

Hi,

As the petition was revoked prior to effective approval date, you will be subject to the visa cap when an H1B petition is filed for you. The earliest that the H1B petition can be filed is April 01, 2011, and the requested employment start date should be no earlier than Oct. 01, 2011.