Regarding H1B CAP exemption


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Hi All,

I know this topic has become quite old now but raising it again as I did not get clear answer to my earlier query and do not know about latest rules and regulations of USCIS.

I got H-1B approved in 2007 and got the H1 visa stamped in 2008. But I never went to US using this visa. Finally it expired on 16 Sept 2010. Not sure if the employer has revoked it or not.

My question is :

1. Am I eligible for exemption from the H1B cap ? And can the employer file the H1-petition for me anytime of the year ?

2. Or does the employer has to file new petition in 2012 quota only and it will come under H1

Cap ?

Would be thankful and appreciate a lot if some one can provide detailed answer.

Thanks & with warm regards,


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