Expired H1B 2006-09 never used, eligible for Cap exemption?

[praveenkjvs]

I have expired H1B approval valid from 10-1-2006 to 2009 stamped for employer A. I never travelled to US on H1B, now this H1B was expired and note (current year)2013- (approved year)2006 > 6 years.

 

However, I visited US twice on business visa between 2006 and now and stayed around 7 months together.

 

Now another employer B is willing to file H1B on Cap Exemption. Is this possible, please help me understand am I eligible for H1B under Cap Exemption?

 

Thanks.

[0407]

yes. You are cap counted. You can get full six years ( 3 years at a time ) as you have never traveled to US

[pontevecchio]

Yes.

[praveenkjvs]

Can some one help me on this? 

[L2EADGC]

Hi praveenkjvs,

 

  I'm in similar situation, I had my H1B petition approved and valid from 2006 to 2009, but I never used it as I was on L1A. I want to know if my H1B will be CAP exempt. I spoke to a attorney and was getting contradicting answers from him, Please let me know what you find out, I'm desperate to know the answer.

[0407]

You are cap counted and are exempted from CAP. 

[re.seeker.ggn]

I read a lot of post before posting this query....

 

I had a H1B visa stamped on my passport which was issued on 12-JUN-2008 and expired on 30-SEP-2009. I never travelled/entered US on the H1b visa though. So, am I exempt to apply for H1B visa under "cap-exempt" quota ?

 

Many employers have said they should be able to transfer and some said it is not exempt! Please, share if you had a similar situation or have some legal information on the cap-exempt  rule.

[0407]

Go with the employer who is willing to file it as cap-exempt. it is cap-exempt. I know two cases

who did the same thing as you

[bhasehag]

I am also in same situation....my case is as following:-

 

My H1B is stamped on 8th Feb 2013 and it is expiring on 20th December 2013. I have never used this VISA so far and also due to personal reasons I am not planning to go to US this year. Therefore, my H1B visa will expire this year end. However, I am ready to visit next year so I planned to reapply my H1B next year again with current company xyz. In this case, I am eligible for Cap Exempt or not? 

[L2EADGC]

Can some one help me on this? 

Hi , Did you find an answer for your question ? Please share , I'm in a similar situation , got an approved H1B petition from 2006 and wants to check if some employer can reinitiate it. Thanks

[kmoorthy7]

Hi

I got my H1B stamped in Oct, 2007 and expired in Sep 2010 and I never used it. Now its more than six years since I got H1B stamped. Am I eligible for new cap-exempt H1B in 2015.

Is that six years counted since expiry of my visa (i.e sep 2010) or stamped date Oct, 2007.

Does it make a difference whether I used my Visa or not to avail cap exemption.

Your response will be very much appreciated.

 

Thanks

[kmoorthy7]

Hi

 

Please respond to my above query.

 

Thanks

kmoorthy7

[jairichi]

Hi

I got my H1B stamped in Oct, 2007 and expired in Sep 2010 and I never used it. Now its more than six years since I got H1B stamped. Am I eligible for new cap-exempt H1B in 2015.

Is that six years counted since expiry of my visa (i.e sep 2010) or stamped date Oct, 2007.

Does it make a difference whether I used my Visa or not to avail cap exemption.

Your response will be very much appreciated.

 

Thanks

You are cap exempt. Any employer can file a cap exempt H1B petition. Talk to an attorney from Murthy law firm.

[gurudutt.virmani]

You are cap exempt. Any employer can file a cap exempt H1B petition. Talk to an attorney from Murthy law firm.

 Hi Jairichi,

 

My case is also same as this case. I got my H1B approved in 2008 but I never got it stamped. The attorney in my current company has told me that I'm no longer exempt and I need to apply for H1B process again as the period of 6 years from 1/Oct/2008 has ended. Can you please provide me with some USCIS notice or memo which I can show them in order for them to file my case under cap exempt category.

 

An early response from you would be highly appreciated.

 

Many Thanks!

[jairichi]

 Hi Jairichi,

 

My case is also same as this case. I got my H1B approved in 2008 but I never got it stamped. The attorney in my current company has told me that I'm no longer exempt and I need to apply for H1B process again as the period of 6 years from 1/Oct/2008 has ended. Can you please provide me with some USCIS notice or memo which I can show them in order for them to file my case under cap exempt category.

 

An early response from you would be highly appreciated.

 

Many Thanks!

Talk to an attorney from Murthy law firm. They will guide you accordingly.

[ramkey]

Q1:

13 years back my H1b approved but never used .... details below.

I have expired H1B approval valid from 13-Sep-2005 to 30-Sep-2008 stamped for employer A. I never travelled to US on H1B, now this H1B was expired and note (current year)2018- (approved year)2005 which is 13 years > 6 years.

However, I visited US couple of times on L1 & L2 and B1 between 2005 and 2018 .  All together I stayed 4 years.

Now can another employer B  file H1B on Cap Exemption. Is this possible, please help me understand am I eligible for H1B under Cap Exemption?

Q2:

And also I misplaced my petition papers .  I have only one proof that is H1B Visa stamped in my Passport which as got petition number.

Is it possible to transfer without i797 and having H1B Visa stamped in Passport alone?

 

Need your help.