H1B expired petition (never travelled), can I use it for cap exempt H1B application now?

[udas0674]

Hi,

 

I have a query. I hope you can resolve it. I worked on H1B visa from March 2006 - Oct 2007. The petition was valid till March 2009 and I got it stamped too. I returned back to India in Nov 2007 due to personal reasons.

 

In Jan 2009 though I applied for H1B transfer and got the petition approved which was valid Jan 2012. However, I never travelled to US or got it stamped this time.

 

Now, I would like to apply for H1B again and travel back. Do I fall in cap exempt category? Can I apply now (considering I am cap exempt and this year's 2014 quota is over?).

 

Please let me know.

 

- Anurag

[t75]

cap exempt

[jairichi]

 

Hi,

 

I have a query. I hope you can resolve it. I worked on H1B visa from March 2006 - Oct 2007. The petition was valid till March 2009 and I got it stamped too. I returned back to India in Nov 2007 due to personal reasons.

 

In Jan 2009 though I applied for H1B transfer and got the petition approved which was valid Jan 2012. However, I never travelled to US or got it stamped this time.

 

Now, I would like to apply for H1B again and travel back. Do I fall in cap exempt category? Can I apply now (considering I am cap exempt and this year's 2014 quota is over?).

 

Please let me know.

 

- Anurag

 

You are cap exempt till you utilize the full 6 years on H1B. Not you only an employer can file a cap exempt H1B petition.

[venky1376]

In the same case, what documents we should provide to employer to file transfer?