H1 B Renewal - Visa stamped twice but not travelled to US

[Manoonmani]

Hello,

 

I have my H1 B Stamped twice. First time in 2008 and second time in 2012.

 

My I797 approval dates are:

 

1 Oct 2008 - 30 Jul 2011

1 Nov 2012 - 27 May 2015.

 

But I have not travelled to US in H1 B.

 

My query is will I be eligible for H1 B Renewal again in under CAP exemption?

or

Do I need to submit for new H1 B?

 

Thank you.

[pontevecchio]

You will be eligible for cap exemption. A new non cap H1 petition needs to be filed by an employer.

[jairichi]

You are cap exempt.

[Manoonmani]

My company says my H1 B first petition was filed in 2008 and already 6 years is over so my petition can't be renewed and I have to apply for fresh H1 B petition.

 

Also, I have stamped H1 B visa twice, but didn't even travel to US in H1 B.

 

So will I eligible for the full 6 years say in US?

 

Thank you.

[jairichi]

My company says my H1 B first petition was filed in 2008 and already 6 years is over so my petition can't be renewed and I have to apply for fresh H1 B petition.

 

Also, I have stamped H1 B visa twice, but didn't even travel to US in H1 B.

 

So will I eligible for the full 6 years say in US?

 

Thank you.

Rather than asking your employer talk to a good attorney.