Never Traveled on H1B petition approved in August 2011 but looking to port to new employer

[unclesam78]

Hello Friends,

Your perspective on this would be very helpful. Here is my question:

 

1. I had approved cap-subject H1B petitions from 2002-2008 for Employer "A" and have my visa stamp showing my H1B that was valid till July 2008.

 

2. From July 2008 to now I have been outside the US in India

 

3. In July 2011 Employer "B" had filed a cap-subject H1B petition for me which was then approved. I was given an approved I-129 petition with an LCA. I chose not to work for Employer "B" and did not get my H1B visa stamped for the new petition. I chose to work for Employer C in India

 

4. I have now been approached by employer "D" who would like to hire me and file a H1-B petition for me.

 

My question is whether the petition filed by employer "D" will be subject to a cap since I have an approved (non-revoked) I-129 petition approved in August 2011 and have a H1-B visa stamp that shows that I had H1-B visa status within the last six years in the United States (since my cap subject H-1B visa expired only July 2008)  

 

Thank you in advance for your insights as I am entirely lost on whether the new peition will be cap-subject.

 

 

 

 

 

[unclesam78]

Would any one be able to help with a response on this? Would much appreciate your perspectives.

[pontevecchio]

How many years or months have you been in H1 status in the USA>?