H1b Visa expired more than 6 years back. H1b cap exempt?

[kiran00]

Hi, 

I had a H1B petition valid from 1-Oct-2006 to 4-Feb-2009. I had travelled to US and worked from 4-Jan-2007 to 24-Dec-2007 under H1B. After that I never travelled to US and was working in India. 
When I check my case status in USCIS website, it says "On August 21, 2006, we approved your Form I-129" 
Can new Employer transfer my old H1b petition and file CAP exempt H1B now? 

Thanks

[gouthamsworld]

You are not cap Exempt.Find an employer who can file H1b for you Next April.

[kiran00]

14 hours ago, gouthamsworld said:

t cap Exempt.Find an employer who can file H1b for you Next April.

Thanks for the reply... I heard if we have not utilized  6 yrs in H1B visa, we can file cap exempt?

Since I have utilized only one year, i can use remainder 5 yrs by filing cap exempt from any employer.  

Just trying to get more clarity on this, dont take it otherwise... thanks

[Mohan2324]

Hi,

As per my knowledge, you could have used CAP Exempt till 2012 (As your approval year was 2006), ie. The CAP will be valid for 6 years from date of approval.

 

Now, you need to go for new filing under new CAP.