H1 Approval notice withdrawn before change of status date. Is it cap counted.

[subhasks]

F1-OPT, H1 approved, H1 withdrawn -> H4 -> H1?

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 Was laid off before effective change of status date of Oct 1 and the H1 was also withdrawn by Sep 14.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.

 

[subhasks]

To close the topic - My H1 change of status petition got approved.

 

[bittu2807]

Were you able to find answers on your query. I am in exact similar situation with an approved H1B from Oct 1st 2006 - Sep 30th 2009 but, never used hence, not sure if I will be counted against the CAP again when I apply for my H1B next month. Kindly advise, based on your experience/knowledge. I will appreciate your time on this.