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


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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,

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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.

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