CAP Exempt

[klauz]

Hello everyone,

I had an approved H1B Petition Application, approved on November, 2006 (For FY2007 Quota).

This was approved when I was out of United States so I did not receive any I-94. I never joined the employer or come to US in that visa. I did come using an L1 visa and have been for a while.

Now I am wondering if I can use this H1B Petition Approval to get an exempt for a new H1B.

Any help would be highly appreciated.

[Attorney_10]

Generally, an individual is only considered counted against the numerical H1B cap if the petition is approved with a change of status or the individual receives an H1B visa issued by the U.S. Embassy or Consulate abroad. Absent one of the above, it may be possible to argue that the beneficiary was nonetheless counted against the cap; however, whether the petition is approved will be discretionary. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the options that may be available to you.

[klauz]

As the original H1B petition was approved in nov 6, 2006, what is the last date till when my employer can apply for new h1b?