H1B approved from 2006 till Sep 2009 - unused and expired. Can this be filed under Ex

[anamasra]

Hi,

I got H1B in 2007 (validity dates are 2006 till September 2009). I have not used it at all till date. Can any company file for this H1B for exemption? Do I need to file for a new H1B?

Please let me know.

Thanks,
Anam

[Nonim]

As far as I know, you can only use it within one year of the Expiry and not beyond that. In your case, you could have filed under exempt case only before Sept 2010.

[kabkaba]

The above is not correct. You are eligible for cap-exempt petition for up to 6 years.