satish0610 Posted February 4, 2016 Report Share Posted February 4, 2016 I had got my I797 petition approved in 2008 and it was valid till 2011. I had got the visa stamping done too and was valid till Sep 2009. But I did not travel to US then. Now, will I be able to file for H1B under cap exemption since the petition expiry date(2011) is within the 6 year limit? Or should I get H1B filed under this year's quota? Please provide your inputs. Thanks. Link to comment
vardhan99 Posted February 9, 2016 Report Share Posted February 9, 2016 you are eligible for cap exempt H1B which will be for another 3yrs. if you don't get your I-140 approved by then then you need to go through quota again Link to comment
rohang Posted February 10, 2016 Report Share Posted February 10, 2016 I am assuming you still work for original employer. Then yes you can apply for H1b under cap exempt. You will get full 6 yr, as you were never utilized your H1b time in US. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.