Cap exempt H1B validity

[raj34]

Hi All,

I have a question about cap exempt H1B

I got H1B(I797) with company A in 2007 which I didn’t use it. Company B processed H1B using the earlier I797 from company A in 2008 and got another I797 till 2011, I didn’t use this either.

As my second I797 processed in 2008, Am I eligible for CAP exempt till 2014 (2008 + 6 years) or 2013 ( 2007 + 6) ? I mean cap exempt H1B has to be used within 6 years of original approval date or latest approval date ?

Thanks in advance

[kabkaba]

Latest. They may even go by the expiry date, giving you until 2011+6=2017.

[raj34]

Latest. They may even go by the expiry date, giving you until 2011+6=2017.

Thanks for replying Kabkaba. Appreciate your help

[Amitb44]

Latest. They may even go by the expiry date, giving you until 2011+6=2017.

Hi, could you advise if I have a unused H1b with expiry date of dec, 2007, am I eligible to apply under cap exempt since my expiry is within 6 years?

[kabkaba]

They don't have clear guidance on whether they will use the expiry date or start date for this purpose. If going by expiry date, you have until Dec 2013.