h1b expired, unused petition years can I use for H1b cap exempt ?


karthickjay

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Hi,

 I have an expired H1B petition I797, validity date was from sep 2007 till Oct 2010. Stamping is not done for this petition, It got rejected in stamping "Your Petitioner is not appear to be either or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations". Now my query is can I apply in H1b cap exempt as I have not used this approved petition.

 My query now,   some are saying, 6 years of H1b validity count will start on Sep 2007 so it will end in Sep 2013 (previous i797 ).....and few are saying.....as the petition was used/given for 3 years only, I can still use the unused 3 years of my expired petition validity with a new H1b cap exempt with a blanket/normal petition ...without applying for a new H1b for fy2015 lottery process and all.

 Can any experts please advise.  I am not able to get the right information on this issue, ..searched many forums and still not clear....asked many of my friends who have never faced this situation. My previous employer is not reachable.  Please let me know if you need any more details. BTW my visa expiry and the I797 petition expiry were the same date.

Is there any way we can check i797 petition is not rewoked by the employer online.

 Thank You
 JK

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