H1B cap exempt?

[nancyliu]

Here is the scenario:

Company A filed the petition for H1B for me in April 2009 and the petition is approved. But I leave company A for company B before October 2009 before I start to use the H1B. If company B files a H1B petition for me, is it exempt from the annual cap because I already have a H1B approved?

Thanks for any advice.

 

[JohnThomas82]

Since you have been counted once against the quota, you are exempted. Whether you worked for the Company which sponsored the H-1B and which was counted against the Quota is immaterial.