am I subject to H1B cap

[sarangcd]

Hi,

I was in USA on H1B during year 2000 through 2002. Later I visited USA for work purposes on B1 visa couple of times for small durations. In 2009, I got H1B approved from one of the US employers, though I never stamped my H1 and hence never entered USA. Now in 2013, I have another potential offer from USA employer but I am wondering if I am eligible for H1B application at this point of time, especially considering the quota status.  

 

Considering above, I was wondering whether my case is a regular H1 (counted towards quota) case or can it be reinstated without being counted towards quota. 

 

Replies/advise on this is much appreciated.

 

Thanks much

 

 

 

 

[0407]

You won't be subjected to cap if you are claiming time remaining out of the 6 years that you are entitled to on an approved H1B

[downbutstanding]

Hi,

 

You will be cap-exempt. You can use 2009 year quota for a maximum of 6 years. It can be filed anytime. Once approved go for visa stamping and you should be good to go.

 

Thanks.