H1B - Cap Exempt - Query


km.zaveri

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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 not happened and I left the employer in March, 2008

 

I have never been to U.S. till now and none of my H1/L1 status is activated in U.S. 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 Cap-exempt 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 have never traveled to U.S. on any visa) till now will it affect any further H1b petition on this cap?
  3. Since it has been more than 6 years (Since 1st October, 2007) of my H1b petition has been approved and my H1 status is NOT activated will this affect approval of newly filed h1b cap-exempt petition? 

Thanks,

-K M

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