H1B cap exemption with previous unused H1B stamping

[MAravind]

Hi folks,

Any suggestions on what to do will be greatly appreciated.

I had a H1B stamping from 01 June 2005 to 01 Oct 2007 which was never used. I am currently in the US on a H4 and a company is ready to do the H1 processing for me. However, since the cap has already been reached, I was wondering if my previous unused stamping would be of any help in this issue. Or do I need to wait for April 2013 and file a fresh H1? Please help.

Thanks in advance for all your inputs!

[itsmeraj001]

Hi folks, Any suggestions on what to do will be greatly appreciated. I had a H1B stamping from 01 June 2005 to 01 Oct 2007 which was never used. I am currently in the US on a H4 and a company is ready to do the H1 processing for me. However, since the cap has already been reached, I was wondering if my previous unused stamping would be of any help in this issue. Or do I need to wait for April 2013 and file a fresh H1? Please help. Thanks in advance for all your inputs!

Hi Your statement is little confusing...are you on H1 or H4 now...if you got H1 Stamping in 2005 and got H4 stamping later and entered into US as H4....your previous H1 would have been deactivated...but again am not really 100% sure about this...Please consult an attorney in this matter...

[MAravind]

I'm currently on H4. Since I had been considered for cap during my previous stamping, I just need to know if I am exempted from cap if the new company is ready to do my H1 Processing now?

[itsmeraj001]

I'm currently on H4. Since I had been considered for cap during my previous stamping, I just need to know if I am exempted from cap if the new company is ready to do my H1 Processing now?

Yes you are exempted for Cap..since you have already been counted into Cap..

[MAravind]

Thank You Raj.