With unused expired I-797B petition (approved in Oct-2014) to apply H1B as CAP exempt from India

[Vforce]

I have an unused and expired H1B petition (approved in Oct-2014 under CAP quota). Due to no requirement in US, my employer didn't sent for stamping (VISA not stamped) and it expired in Oct 2017 and I never traveled to US. Now my employer wants to process my H1B by filing a new petition. Can this new petition be filed as CAP exempt by attaching unused approved I-797 document? How long an approved petition can be used for CAP exempt if not stamped?

Thanks

[User099]

Since you never came to US nor got a visa stamp, I don't think you were counted towards the cap. You might have to go thought the cap again. 

[Vforce]

Thank you for the response. Could you please tell me how long an approved petition can be used for CAP exempt if not stamped?

[cyberlord]

I am aware this has been done before for one of my friends. Do you have a copy of your approved I-797?

[JoeF]

If you never got a visa stamp the H1 has not been counted in the quota.

The employer can file a new H1 in this year's quota.

[Vforce]

Thanks for the response. Yes, I do have the I-797 approval notice copy and I am still with the same employer. Any idea, how long I am CAP exempt with the approved I-797 (in Oct-2014).

Edited February 24, 2020 by Vforce

[User099]

If you were counted towards the cap then there is no time limit to use the H1.

[himaverick]

Hi,

Have a similar situation. However I got my Visa stamped in 2011, but never traveled to the USA. Does this mean I was counted and is cap-exempt now?

Kindly request your advise on this issue