Appling cap-exempt H1B with a unused but valid H1B petetion

[raghukr]

One of the companies in USA has applied for my H1B in april 2008 and  I have got the approval for I-797B petition in july-2008.I have not been to H1B Stamping till today.

My Approved I797B Petition has validity as below

 VALID FROM 10/01/2008 to  09/09/2011.

 

 

If new employer files a New H1 for me now (I.e, September 2013), then

1. Does the new H1B application is considered as  CAP Exempt ? I was cap subjected already in 2008 so I should NOT be cap subjected for 6 years (I.e, till 09/09/2014) ?

 

2. As I have never used the approved H1B and Not worked on it till now in USA, do I still have the eligibility of 6 Years starting from Now to work, if my employer files for H1 now (which is cap exempt)? Or will my new H1b expires in 09/09/2014?

[jairichi]

(1) Yes, you are not subject to cap.

 

(2) You get all 6 years.

[sudhamsu]

Thanks a lot jairichi for the answer. I have a small variation of the above question. 

 

I got my H1B in 2008 and it was stamped in August 2008. But, I never came to the US and worked on it.

 

1) Will I be cap exempt?

2) Do I still get 6 years?

 

If there is a USCIS document that you refer please provide a link. I will try to answer other's questions in future regarding this. I searched quite a bit regarding this but never found appropriate answer to my question. I always found information regarding how folks working for non-profit are cap exempt.

 

thanks a lot for your time.

[jairichi]

As your H1B visa was counted against cap in 2008 you are cap exempt. If your I797 document validity has expired a cap exempt H1B petition can be filed by your current employer or any other employer and upon approval you could travel to US with a valid H1B visa. 

 

http://forum.murthy.com/index.php?/topic/60458-expired-h1b-2006-09-never-used-eligible-for-cap-exemption/

[jairichi]

Thanks a lot jairichi for the answer. I have a small variation of the above question. 

 

I got my H1B in 2008 and it was stamped in August 2008. But, I never came to the US and worked on it.

 

1) Will I be cap exempt?

2) Do I still get 6 years?

 

If there is a USCIS document that you refer please provide a link. I will try to answer other's questions in future regarding this. I searched quite a bit regarding this but never found appropriate answer to my question. I always found information regarding how folks working for non-profit are cap exempt.

 

thanks a lot for your time.

Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.

[PP-I129]

Hi,

I had approved H1B petition in 2008, Petition validatity 10/20/2008 to 09/30/2011 from XYZ employer, I went for stamping and got 221(g) asking for Client letters, Tax slips, etc from employer, My employer never provided that and my case may have got closed.

 

Question:

1-Now another employer ABC is ready to file my H1B this year but not sure whether to file under Cap or Cap Exempt.

2-Can this prior approval still be valid since 6 years has already been passed?

3-Can i still use this appoved H1B petition of past (without stamping) to get cap exempt this year for new employer

 

Thank you,