H1B approved in 2006 - can it be used to file a new cap-exempt H1B?

[columbus_ohio_2013]

Hi,

 

Here is my case:-

 

- My H1B was approved by Company A for FY 2006-2007 quote (it was approved on MAY 6TH 2006) and I have the I797 copy for it which has a receipt number

- I never took employment offer from Company A and therefore I never used this H1B and never even stamped it.  

- In order to pursue me to join them, Company A had written to me that they will cancel my H1B petition, which I am not sure if they did. But I have the approved H1B petition i.e. I717 copy with me, which has a receipt number on it as well.

- I am currently in US on a L1B blanket visa for company B valid until June 2015

 

Here are my questions:-

 

1. Employer C wants to hire me. Can they use my prior approved H1B (through company A) to reapply for a NEW H1B which will be cap-exempt?

 

Many thanks in advance for your response.

 

Regards,

[jairichi]

 

Hi,

 

Here is my case:-

 

- My H1B was approved by Company A for FY 2006-2007 quote (it was approved on MAY 6TH 2006) and I have the I797 copy for it which has a receipt number

- I never took employment offer from Company A and therefore I never used this H1B and never even stamped it.  

- In order to pursue me to join them, Company A had written to me that they will cancel my H1B petition, which I am not sure if they did. But I have the approved H1B petition i.e. I717 copy with me, which has a receipt number on it as well.

- I am currently in US on a L1B blanket visa for company B valid until June 2015

 

Here are my questions:-

 

1. Employer C wants to hire me. Can they use my prior approved H1B (through company A) to reapply for a NEW H1B which will be cap-exempt?

 

Many thanks in advance for your response.

 

Regards,

 

There is confusion in this forum regarding filing a cap exempt petition after 6 years of initial H1B petition approval. Contact an attorney from murthy's law firm.

[omshiv]

This is a debatable topic..as some members believe that Approved petitions which are more than 5 yrs back are not valid for Cap exempt...I read this on some USCIS issues memo.

 

But get in touch with an Attorney..or any Attorney or senior member can jump in here.