Cap Exemption - H1B

[RavGo]

Could some one review my case and let me know if I come under cap exemption.

Employer A filed H1B under 2006 Quota and I 797 approved from Jan 2007 to Sept 2009, got it stamped on Feb 2007 - But never traveled to US on this visa.
Employer B filed L1B in Jun 2010 and got it approved from June 2010 to May 2013, came to US in July 2010 and currently in US on L1B (Total Period stayed in US is 2.9 years, went to out of country on vacation for 3 months in 2011).
Questions
Is there any time restriction to claim unused H1B ?.
Can I apply new H1B now under cap exemption with a new employer and can I start working ?.
Your prompt response would be highly appreciated.

[catchamitd]

Could some one review my case and let me know if I come under cap exemption.

Employer A filed H1B under 2006 Quota and I 797 approved from Jan 2007 to Sept 2009, got it stamped on Feb 2007 - But never traveled to US on this visa.
Employer B filed L1B in Jun 2010 and got it approved from June 2010 to May 2013, came to US in July 2010 and currently in US on L1B (Total Period stayed in US is 2.9 years, went to out of country on vacation for 3 months in 2011).
Questions
Is there any time restriction to claim unused H1B ?.
Can I apply new H1B now under cap exemption with a new employer and can I start working ?.
Your prompt response would be highly appreciated.

Hi,

Did u get answer from anyone on this?I am facing smiler problem.The consultant is telling me that ur notice will be valid for 6 years even if u dont come to USA.

I have spoken to two immigration consultants they could not answer this question.

UR response should help.Thanks

[prao81]

Cap Exemption - H1B

In case you have never used the H1 , then you can file a cap exempt petition only till 6 yrs from initial petition approval date (Jan 2007 +6 yrs ) which in your case has already passed. So you will not be able to use your old H1.

Note: This is my opinion and not legal advice.