Apply on Cap-exemption using old H1B approval

[cvloki]

Hello team,

   Using this Old H1B notice and which is Un-utilized, can I apply for a new H1B on Cap exemption while still living in India?

On August 29, 2008, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC0814550xxx. We will mail your approval notice. 

 

Thanks

Lokesh

[NotAnAttorney]

did you get your visa stamped? Are you planning to file now with the same petitioner?

[cvloki]

No, I did not get the stamping done. Neither I am still employed with the same petitioner. I could not make use of it due to some family circumstances.

 

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Loki

[NotAnAttorney]

As stamping not done and not with same employer, a new employer cannot file a petition under cap-exempt.

[Vihaan17]

Approved petition valid for cap exemption only for a period of 6 years. Since your 6 yr period is already over, you no longer can use it.