Am i cap exempted? please advice

[Sudhakar0204]

Hello forum members

 

I was sponsored for H1b in 2007 quota and i got the stamping done with that petition on my passport. But I Never travelled to US by using that visa.

 

In the year 2012 quota another employer has filed a cap exempted petition and been to the consulate with that petition, but unfortunately got a RFE during that interview, still the case is under administrative processing.

 

Now if another employer is willing to sponsor me for H1b, will it comes under CAP or Cap Exempted? 

I have read some where that incase if the applicant never travelled to US on the previous H1 visas, then the subsequent petitions can be filed as a cap exempted....

 

Please advice on this as i have a prospective employer willing to give me the H1b sponsorship?

 

Regards

Sudhakar

[omshiv]

I believe your understanding is correct. You do not fall in the quota. But I would still wait for experts to comment

Good luck.