Cap Exemption - H1B


RavGo

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Could some one review my case and let me know if I come under cap exemption.

  • Employer A filed H1B under 2006 Quota and I 797 approved from Jan 2007 to Sept 2009, got it stamped on Feb 2007 - But never traveled to US on this visa.
  • Employer B filed L1B in Jun 2010 and got it approved from June 2010 to May 2013, came to US in July 2010 and currently in US on L1B (Total Period stayed in US is 2.9 years, went to out of country on vacation for 3 months in 2011).

Questions

  1. Is there any time restriction to claim unused H1B ?.
  2. Can I apply new H1B now under cap exemption with a new employer and can I start working ?.

Your prompt response would be highly appreciated.

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