Is my very old expired H1B Cap exempt possible again?

[tgkindia]

Hi,

I got my H1B approved and stamped in 2001 with validity up to 2003 for Employer A. I was working in the USA with employer A for about 6 months and came back to India and join another Employer B.

In 2008 Employer B used my old approved I797 petition (of Employer A) to apply for H1B cap exempt quota and got new approved I797 petition for the remaining unused years in my old H1B. However, When I went to stamping, I was given pink 221g slip with further documents required from employer. The Employer B sent the required documents and still the case was returned back to USCIS for further decision.

USCIS did not act on the returned petition till today and my Employer B does not have further interest to present the case again.

Now in 2013,

1) Is it possible for another Employer C to use my old approved I797 petition (of Employer A) again under Cap exempt to file a new case?

2) In 2008 when my Employer B case got approved, My stamped H1B status expiry (2003) was with in 6 years. Is there any limit on number of years (like I read in some forums - 6 years) within which Cap Excempt quota (for unused years of old H1B) should be used ?

Experts please advice.

Thanks,

Gopi

[pontevecchio]

1. yes

2. No.

I would caution you that they will scrutinize your application and you are also well advised to spend some money on legal opinion.

[tgkindia]

pntevecchio,

Thanks a lot for the answer. I am realy clear now. I have no negative records on my part so far. So if there is anything to scrutinize, it might be on the employer side. However, I will go for legal opinion when Employer C is ready to go for cap exempt filing of "remainder" years from my old H1B.

Thanks,

Gopi