H1B application question on cap exemption

[renusree]

Hi,

 

I had applied for H1B during 2008 and my H1B petition got approved.Due to unavoidable circumstances, i could not go for visa stamping and eventually my consultant cancelled my petition.I want to apply for H1B again.Will i be cap exempt when i apply for H1B again in 2014(because my petition was approved but not stamped 5 years ago)? If i'm cap exempt, can i apply for H1B this month itself.

Thank you!

[jairichi]

Hi,

 

I had applied for H1B during 2008 and my H1B petition got approved.Due to unavoidable circumstances, i could not go for visa stamping and eventually my consultant cancelled my petition.I want to apply for H1B again.Will i be cap exempt when i apply for H1B again in 2014(because my petition was approved but not stamped 5 years ago)? If i'm cap exempt, can i apply for H1B this month itself.

Thank you!

Yes, you are cap exempt. An employer can file a cap exempt H1B petition anytime and on approval with a valid H1B visa can enter US and begin to work.

[renusree]

Thank you so much!!