Cap-exemption eligibility for unused H1B > 6 years

Ram Krupal

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Dear Experts,


I held a H1B Visa between Nov-2007 and July 2010, but never utilized the Visa due to personal reasons. I posted a query if I'm eligible for out of cap (exemption) application and most of the forum members replied in affirmative.


Somewhere I have read that if the initial H1B application was counted in cap more than 6 years ago (as in my case in 2007), then one is not exempted and have to file a fresh H1B (i.e, not eligible for out of cap). Can someone please confirm if this is correct?


Many thanks for your reply in advance.


Best regards,


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