Am I eligible under H1B cap exempt or not ?


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Thank you for the mail, i need small clarification from your end, In order to be cap exempt,  below conditions have to be met by the employer.
Kindly advise if my case is under the purview of Cap-exempt, even if my client/employer do not belong to a non-profit organization or a university

What is a Cap-Exempt H1B?

An H1B filed by the Employer who is not subject to the annual H-1B quota. These Employers can file H1Bs all around the year, and there is no limit. The following are the types of Employer who fall under this category.

•    A not for profit institution of higher education

•    A not for profit entity related or affiliated to an institution of higher education

•    A not for profit research organization or a governmental research organization

- See more at:
A brief summary of my H1B history
I had my H1B visa stamped successfully in year 2008 and the visa expired in year 2011. I never traveled to USA under this visa for personal reasons.
So all the six years of H1B are not utilized. 
  • If i have a client letter, will my employer be eligible to file a petition for me (either a transfer), I never traveled to USA and my expired H1B visa was not activated.
  • If my case is under the purview of cap exempt, will I have the chance only till Oct 2014 since i got my visa stamped in year 2008 and not activated my H1B status to active till date.(not traveled to USA)

Please suggest/advise.

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Now, Consider that the employer fills a  H1B petition (under cap exempt) in August 2014 and the H1B petition is approved.

Please let me know, if the duration of the renewed H1B petition will have only 2-3 months 1.e till Oct 2014. (Since the visa is stamped in year 2008 and was not utilized thereafter till Oct 2014)


Will he get the renewed or approved H1B petition (under cap exempt) for another 3 years in I797 ...

Please let me know the details of the number of years a cap exempt petition will be approved for...  Please reply in terms of the above scenario wherein the travel to USA never happened.

Thank in advance.

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