Expired I797 and H1B validity

[nmjoth]

Hello All,

I had an I797 approval in 2007 and got my H1B stamped immediately. It was valid till 2010 (3 years). Due to personal reasons, I never used it and never traveled to US. And I almost forgot it and thought that the H1B/I797 is of no more use.

However, it seems that within 6 years (i.e until 2013) I can file for a new H1B using my previous approval (I797) under a "CAP-Exempt" i.e. outside the 65K limit and I need not wait for 1st April to apply and 1st October to start working. Is this rule correct?

Or, should I have traveled to the US atleast once on this visa?

It would be very helpful if someone can provide your inputs in this case.

Thanks in advance

Jo

[Attorney_10]

Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case. It may be possible for a new employer to file a cap exempt H1B petition and argue that you have been counted against the cap.

[nmjoth]

Thanks a lot for your reply :) Will get in touch with an attorney.

Jo