Am I eligible for H1B cap exempt ?


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I got my H1B petition approval ( I797-B) in April 2008 using employer X. I never went for visa stamping.

I have a receipt number starting with WAC-xx-xxx-xxxxx and it states the same had been

forwarded to the consulate in India. Case type is I129. It says "Valid from 10/01/2008 to 09/10/2011".


My question is


      I have a different employer (reputed big MNC) who is willing to offer me a job. Can they file H1B with an

      immediate start date using my current approval because I got an approval within last 6 years?

      Basically am I cap exempt or should they file a new H1B Petition this year (which can potentially end up in lottery)?


Thanks for your help







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