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OLD unused I797B

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Hi There,
I have approved the I-797B petition which expired in the 2009. I never went for stamping and never traveled to the US. Petition Details: Validity details: 10-20-2006 to 07-20-2009  Current status of petition in USCIS is approved. Can I come under a CAP exception now and reuse the cap?

I learned, that there is no time limit for cap exempt

Please help and clarify

Best Regards

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Although you have had approved petition, your H1-B status never kicked in. In order to activate H1-B status, an applicant must have a paycheck drawn for authorized work. You are NOT exempted from the cap. 

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