Expired H1B over 6 years, never used or stamped.Can it come under cap exempt

[Vineelaseela]

Hi, i have an expired H1B approved petition which was never used and never stamped.It got approved in Feb 2011.Iam in H4 since 3 years and now want to check if my old petition can be filed for cap exempt. 

 

[Pathy]

In order to reclaim the unused H-1B period, the beneficiary should have been in H-1B status in the past six years. In your case, since you didn't use your H-1B you are not eligible for cap-exempt filing and required to file a new petition in the next lottery season(if nothing altered on H-1B clause).

[gotbeer]

12 hours ago, Pathy said:

In order to reclaim the unused H-1B period, the beneficiary should have been in H-1B status in the past six years. In your case, since you didn't use your H-1B you are not eligible for cap-exempt filing and required to file a new petition in the next lottery season(if nothing altered on H-1B clause).

The beneficiary should have been in H-1B status. Does it matter if it is cap exempt (nonprofit) H1B?

[Pathy]

21 minutes ago, gotbeer said:

The beneficiary should have been in H-1B status. Does it matter if it is cap exempt (nonprofit) H1B?

No, it doesn't matter in case of certain cap-exempt employers (to name few, such as institutions of higher education, government research organizations, non-profit organizations are exempt for the H-1B cap and are not required to enter the lottery to receive an H-1B visa and can apply for H-1B at any time of the year)

[gotbeer]

3 hours ago, Pathy said:

No, it doesn't matter in case of certain cap-exempt employers (to name few, such as institutions of higher education, government research organizations, non-profit organizations are exempt for the H-1B cap and are not required to enter the lottery to receive an H-1B visa and can apply for H-1B at any time of the year)

 

Great. Thank you. I have been trying to find an answer for this for a while now. So once you have been selected in lottery (even though if you have never worked on it or activated that H-1B) you should be cap exempt the next time you apply for a profit H-1B     (provided you have been on a cap exempt H-1B (non-profit) within the past 5 years).