H1 Reopen query

[Praveen56]

Hi,

I got to know this forum through my friend thought you could clear my question.

In 2007: I got my first H1B stamped but didn't use it. In 2008 had been to US for 3 months project and returned to India. I was in US from Sep to Dec, 2008.

My Visa got expired in 2010.  

Question is that: Can it be reopen and come under the H1B cap exempt or do I have to go fresh H1.

Please help to provide the response.

Thanks for your support.

[Reddi]

You have to go fresh h1 as you already entered one time in the USA. if you didn't enter into USA then you would have to get chance under h1b cap exempt.