H1B Cap exemption - query....clarify me pls....

[wanth1b]

Hi,

I got my H1B petition approved in 2007 quota (selected via cap). Got it stamped in June 2008. But I never travelled to US due to unavoidable reasons.
Can I use the same H1B now through some other employer in US. Do I come under cap exemption as my petition was selected in cap in 2007?

one of friends told that I may not be able to use it since it had crossed 6 years timeframe since it is approved. If its the case, is there anyway to claim the unused 6 years.

Any pointers on the above queries would really help me to take some appropriate decisions.

Awaiting your reply.

Regards
WantH1B.

[kris0106]

H1B Cap exemption - Unused H1B VISA which is expired now - Beyond 6 years

Hi

Even I have the same query. My H1B VISA got stamped in 2007 but never entered into the US till now. Currently I am out of the US. Can I apply for the H1B now as CAP exempt. If so what is the procedure.

Please help me.

Thanks

[raghvi]

Hi,

I got my H1B petition approved in 2007 quota (selected via cap). Got it stamped in June 2008. But I never travelled to US due to unavoidable reasons.
Can I use the same H1B now through some other employer in US. Do I come under cap exemption as my petition was selected in cap in 2007?

one of friends told that I may not be able to use it since it had crossed 6 years timeframe since it is approved. If its the case, is there anyway to claim the unused 6 years.

Any pointers on the above queries would really help me to take some appropriate decisions.

Awaiting your reply.

Regards
WantH1B.

I dont think so. For one to be able to reuse H1 period, one should have time remaining in 6 Years of H1 petition and Have been on H1 status in last 6 Years. OR
Cap counted in last 6 Years.

This is my opinion not legal advice.

[wanth1b]

I dont think so. For one to be able to reuse H1 period, one should have time remaining in 6 Years of H1 petition and Have been on H1 status in last 6 Years. OR
Cap counted in last 6 Years.

This is my opinion not legal advice.

Thanks for your reply.