H1B - Cap Exempt - Stamping Pending - Query


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Hi All,


I have query regarding H1b cap.


One of the previous employers in India has filed H1b petition in April, 2007.  My case was selected in lottery and petition got approved, however, my visa stamping was pending and I left the employer in March, 2008


I have never been to U.S. till now and presently working in India only.


The petition was valid from 1st October, 2007 to 13th August, 2010.


I want to know following things,


  1. Can I utilize this H1b cap to file a new petition using different employer?  If so, what is the last date I can do this as per USCIS law or is it valid for life-time till I utilize my stay of 6 years on H1b in U.S.? 
  2. What are the chances of USCIS treating it as Cap-exempt? Is there any chance USCIS can treat this as non-exempt and I fall into quota next year? As my H1b status is not activated (as my visa is not stamped and i never traveled to U.S.) till now will it affect any further H1b petition on this cap ?
  3. I am not sure whether my earlier employer has revoked my petition after I left the company.  If it has been revoked then will it affect further petition for this H1b cap?
  4. I heard that H1b can be obtained on cap-exempt basis within 6 years of expiry of petition (in this case up to September, 2016), however some says that H1b can be stamped as non-exempt category for life-time, once you have got selected in the lottery, in both above cases using the same I-797.  Could you please help to clarify this rules and how these rules affect my case?  However I understand that anyone can utilize H1b for 6 years max once they are on H1b status.



-K M,

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