cap exempt?

[anantya]

Hello,

A company filed a H1B petition in my name in 2008.

I received a notice of approval (I797B).

However we did not proceed to get the visa stamped.

The I797B expired on September 30, 2011.

The I797B is thus unused and expired.

I have not ever worked for the company that filed the H1B petition.

I would like to know if I am exempt from the H1B cap limit.

Thank you for your time...

A

[anantya]

The immigration specialist at the company I am interviewing with believes I am not cap exempt. I have consulted with 3 attorneys so far -- two say I am cap exempt, one says I am not.

The USCIS website states: "....As noted above, USCIS continues to accept H-1B petitions that are not subject to annual numerical limitations, (e.g. H-1B amended petitions, H-1B extensions for individuals who have already been counted against the cap within the last six years, etc.)..."

However I only received an I797B, notice of approval, that I did not get stamped. So do I fall under "H1B extension"? Perhaps not? However the attorneys who insist I am cap exempt say I was cap counted within 6 years, therefore do not fall under the cap at present.

Can experienced members of this forum offer advice/ their suggestions on way forward please. My goal is to figure out if I am cap exempt, and if I am, then produce concrete evidence of being cap exempt to the immigration specialist at the company I am interviewing with, so may job application may be processed to the next stage.

Thank you,

A

[JoeF]

If you got an approval notice for the old H1, you have been counted for the quota (unless that old H1 was cap-exempt.)

If you have been counted for the quota in the last 6 years, you are not counted again. That's all there is to it.