H1B Visa under "H1B Cap exemption"


socailite

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Hi,

Currently my wife is on H4 and she has an expired H1B. Her prospective employer is filing her H1B under "H1B Cap exemption" .

But she has never traveled to US on H1B and her expired H1B visa is never activitated.

Do she still be eligible for "H1B Cap exemption" based on following information ?

H1B Visa Issue Date :- Dec 2008

H1B Expiration Date :- Sept 2011

Travel To US on H1B :- Never

Please let me know

Thanks

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