H1B Expired and remain unused. New Visa or Transfer

[Nitin Jain]

Hi ,

I was issued H1B in Jan, 2009 and it got expired in Jul,2011. I never traveled US on H1B. I have 2 questions now :
1. Am I Cap Exempt ??
2. If any US company is willing to hire me, do they need to file new petition or transfer petition??
3. If I get petition, I can stay for 3 years or 6 years at a stretch (with extension)

Regards,
Nitin Jain

[snehanew]

Hi ,

I was issued H1B in Jan, 2009 and it got expired in Jul,2011. I never traveled US on H1B. I have 2 questions now :
1. Am I Cap Exempt ??
2. If any US company is willing to hire me, do they need to file new petition or transfer petition??
3. If I get petition, I can stay for 3 years or 6 years at a stretch (with extension)

Regards,
Nitin Jain

1. Am I Cap Exempt ??-Yes
2. If any US company is willing to hire me, do they need to file new petition or transfer petition??-New
3. If I get petition, I can stay for 3 years or 6 years at a stretch (with extension)- max 3 yrs Depends on client letter