H1B Cap-Exempt question

[new_user_for_H1B_Transfer]

Hello, I have a question.

I had H1B approval in 2007 which was valid till 2010. I never went for a Visa interview and never came to US.

Now, i would like to apply for H1B again. Will I be considered Cap-Exempt or will i fall under lottery system,

Thanks for your help!

[pontevecchio]

A lot of rule changes. I suspect you will need to go through the current years cap.

[JoeF]

Since it was more than 6 years ago, you have to go through the quota again.

 

[shekar11#]

You need to go through lottery again.

[rohang]

You will have to go thru lottery.

[Helpful hands]

I have applied for H1b in 2014 which was approved with I-797B. I didn't change visa from H4 to H1b. Do I eligible for Cap-Exempt ?

Thanks

[new_user_for_H1B_Transfer]

Thanks everyone for the response.

[sush08]

Hi OP

Did u try talking to any attorney for checking if you are cap exempt or not, i have similar more than 6 years old h1b visa which i would like to understand if its cap exempt or not. I got conflicting answers on internet:

 

http://www.*********************

 

https://www.murthy.com/2017/01/23/i-worked-for-1-year-in-h1b-status-and-then-went-back-to-my-home-country-2001-can-an-employer-file-a-cap-exempt-h1b-now-to-reclaim-remaining-5-years/

 

https://www.murthy.com/2016/11/23/i-was-in-h1b-for-a-couple-of-years-and-then-left-in-2009-can-i-file-a-cap-exempt-h1b-to-claim-remaining-years-now/

 

Please share what course of action you took

[Helpful hands]

On 2/22/2017 at 10:24 PM, Helpful hands said:

I have applied for H1b in 2014 which was approved with I-797B. I didn't change visa from H4 to H1b. Do I eligible for Cap-Exempt ?

Thanks

Asked attorney, he said yes its cap exempt and you can file h1b till date mention on I-797B. (March 2015 to Sep 2017)