Cap Exemption if H1B never used

[sudhamsu]

Hi All, 

 I would like to know if the following case is cap exempt or not.

 

My H1B was approved and stamped in 2008. I did not come to the US and use my H1B. Now, I am planning to apply for H1B again. I would like to know if my case is cap exempt. Also, since the earlier H1B is not used is there a provision to use it now without a new H1B.

 

thanks 

[jairichi]

As your H1B visa was counted against cap in 2008 you are cap exempt. If your I797 document validity has expired a cap exempt H1B petition can be filed by your current employer or any other employer and upon approval you could travel to US with a valid H1B visa.

[JoeF]

If you have been counted for the quota, and haven't used the 6 years, you are not counted again. That also applies if you haven't entered on H1 yet.

[kattu786]

Hi All, 

 I would like to know if the following case is cap exempt or not.

 

My H1B was approved and stamped in 2008. I did not come to the US and use my H1B. Now, I am planning to apply for H1B again. I would like to know if my case is cap exempt. Also, since the earlier H1B is not used is there a provision to use it now without a new H1B.

 

thanks 

Yes..you are cap exempt

[raqt]

My case is similar as well:

 

==

Hello

 

I have my H1B approved in 2008 while i was still in USA under Master's quota, i have been in H1B status for couple of months and had to come back india due to recession.

 

I heard recently the petition number is valid for 6 years and i can use the same to file cap exempt H1B petition to reopen my case under new employer.

 

My current status of Petition receipt number shows as Post Decision activity.

 

Please let me know if i can use the same receipt number and file a cap-exempt H1B application now under different employer.

 

 

Thank you for your time.

==

 

 

It looks like i am cap exempt too, what should be the procedure i should follow to get my application processed from new company ??

 

Thanks

[jairichi]

My case is similar as well:

 

==

Hello

 

I have my H1B approved in 2008 while i was still in USA under Master's quota, i have been in H1B status for couple of months and had to come back india due to recession.

 

I heard recently the petition number is valid for 6 years and i can use the same to file cap exempt H1B petition to reopen my case under new employer.

 

My current status of Petition receipt number shows as Post Decision activity.

 

Please let me know if i can use the same receipt number and file a cap-exempt H1B application now under different employer.

 

 

Thank you for your time.

==

 

 

It looks like i am cap exempt too, what should be the procedure i should follow to get my application processed from new company ??

 

Thanks

Yes, you are cap exempt. Provide your I797 document to your new employer and they would file a H1B petition for you