Approved H1B Petition Expired in 2011

[Murali Chennamadhavuni]

Hello Murthy Law Firm team,

I am from India. My H1B petition got approved in OCT-2008 and it got expired in SEP-2011; processed by an employer in USA. I didn't go for Visa stamping in India till now with that approved petition. My current organization in India processed L1-B visa for me twice. 
First L1B visa stamped in 2009 and expired in 2012. I traveled to USA for couple of months with that Visa and came back to India.
Second L1B Visa stamped in JUN-2014 and will expire in JUN-2017. I traveled to USA for couple of months with that Visa and came back to India.
Even if we count the total number of days i stayed in USA will not be more than 2 years on L1B Visa. 

I would like to utilize my previous H1B petition this year to go for Visa stamping. So, my questions are,
1. Is my old H1B petition comes under the category of "H1B Cap Exempt" this year? I mean, do i have to undergo the lottery process if i want to use that petition? Or Do I have to completely file a new H1B petition this year if i want to travel to USA on H1B Visa?
2. I heard that, H1B petition is valid for 6 years; is that counting of 6 years from the date of approval of H1B petition OR from the date of expiration of the Petition? Or is that count of 6 years is the number of days a person stays in USA on H1B visa?
3. I also heard that, in order to consider under the H1B cap exempt, The person must stay in US on H1B Visa for at least one year. Is that true? please provide more information on this clause.

I really appreciate you in advance for your prompt response to my queries.

Thanks

Murali

[Ask@Murthy]

1. Is my old H1B petition comes under the category of "H1B Cap Exempt" this year? I mean, do i have to undergo the lottery process if i want to use that petition? Or Do I have to completely file a new H1B petition this year if i want to travel to USA on H1B Visa?

Yes, you are cap exempt. I believe you don't need visa stamped before to become cap exempt

2. I heard that, H1B petition is valid for 6 years; is that counting of 6 years from the date of approval of H1B petition OR from the date of expiration of the Petition? Or is that count of 6 years is the number of days a person stays in USA on H1B visa?

It is total number consecutive years you stayed in US on any visa.

3. I also heard that, in order to consider under the H1B cap exempt, The person must stay in US on H1B Visa for at least one year. Is that true? please provide more information on this clause.

No. To be a cap exempt you should have had h1 b petition approved earlier with any company. I believe you don't need visa stamped

[surajy]

On 3/29/2017 at 2:24 AM, Ask@Murthy said:

1. Is my old H1B petition comes under the category of "H1B Cap Exempt" this year? I mean, do i have to undergo the lottery process if i want to use that petition? Or Do I have to completely file a new H1B petition this year if i want to travel to USA on H1B Visa?

Yes, you are cap exempt. I believe you don't need visa stamped before to become cap exempt

2. I heard that, H1B petition is valid for 6 years; is that counting of 6 years from the date of approval of H1B petition OR from the date of expiration of the Petition? Or is that count of 6 years is the number of days a person stays in USA on H1B visa?

It is total number consecutive years you stayed in US on any visa.

3. I also heard that, in order to consider under the H1B cap exempt, The person must stay in US on H1B Visa for at least one year. Is that true? please provide more information on this clause.

No. To be a cap exempt you should have had h1 b petition approved earlier with any company. I believe you don't need visa stamped

Hi Murali,

I also fall into the same category of H1B where it got stamped and approved in the period of 2008-2011 and I haven't traveled to USA anytime.

Do you consider this case also in to CAP exempt?

 

[surajy]

Hi Murali,

I also fall into the same category of H1B where it got stamped and approved in the period of 2008-2011 and I haven't traveled to USA anytime.

Do you consider this case also in to CAP exempt?