H1 Approved(No stamping) -> Expired -> H4 Approved and moved to US -> is H1 Cap exempted ?


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Hi Experts,


I had a H1B approved in 2011 which got expired without getting stamped. I have now recently moved to US on H4 visa.


Can an employer file cap exempted H1B based on my previous approved petition ? What are the chances of approval of same ?


Is there a guideline or rule from USCIS which explains about this situation ? 




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