Eligible for H1B Cap Exempt or not


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1. I was working in US on H1B visa from Aug 2006 to June 2009.

2. In Mar 2009 I started working for a new employer after they filed for H1B transfer.

3. The H1B transfer was denied in June 2009 (the petition itself was denied, no interview happened).

4. I left the country within five days of receiving the denial notice,

5. I had another approved H1B petition which was valid till September 2009, however I never worked with that employer.

6. can a employer file a cap exempt petition with the about scenario ?


Additional Info:

I will work for the same client with whom I worked in 2009 and for the same client I worked from offshore also.


Really appreciate any help with the above.

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Hi Jai and H1BHelpSeeker


I have a similar case where my H1B was filed and approved in 2008, but I never got it stamped. Now I am in US on H4 and want to understand if my 2008 petition can be used as a "cap exempt"  . Is there any documentation  which I can use as a reference to talk to or discuss this scenario with my potential sponsors?


Thanks a lot!

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