H1 B visa cap exemption eligibiity

[cayaram]

Hi ..This is jayaram.
I had H1B visa valid from 01/12/2006 to 04/01/2008. I have not travelled US at all.Now I am planning for H1b petition this year.Please help me to know if my case is eligible for H1B cap exempt?

[raghvi]

Hi ..This is jayaram.
I had H1B visa valid from 01/12/2006 to 04/01/2008. I have not travelled US at all.Now I am planning for H1b petition this year.Please help me to know if my case is eligible for H1B cap exempt?

As you were not on H1 status in last 6 Years and were cap counted over 6 Years back, I dont think you are cap exempt, you would have to file under new cap.

This is my opinion not legal advice.

[nitin_red]

Wanted to refile H1b

I had H1B visa from an employer A for one year,which I couldn't utilize it bcoz of some reason. I got the visa on Jan 13 and it expired on Jan14. In 2012-13 there was no cap or quota on H1B visas.

My question is I need to ask the same employer A to refile it this year, will it be cap exempt or not.

and one more question - When it can be file, means in the month Mar- April or later could also do?