H1 Approved(No stamping) -> Expired -> H4 Approved and moved to US -> is H1 Cap exempted ?

[MSUS]

Hi Experts,

 

I had a H1B approved in 2011 which got expired without getting stamped. I have now recently moved to US on H4 visa.

 

Can an employer file cap exempted H1B based on my previous approved petition ? What are the chances of approval of same ?

 

Is there a guideline or rule from USCIS which explains about this situation ? 

 

Thanks

MS

[jairichi]

There is a possibility of being cap exempt. You need to talk with an attorney.

[MSUS]

Is it possible to elaborate a bit on the possibility ?

 

TIA

MS

[jairichi]

Is it possible to elaborate a bit on the possibility ?

 

TIA

MS

 

Since you never got a visa stamped it is a doubtful case. That is the reason why you need to talk to an attorney.