H1B expired and never used. Can I file a new H1B in cap-exempt?

[kmoorthy7]

Hi

I got my H1B stamped in Oct, 2007 and expired in Sep 2010 and I never used it. Now its more than six years since I got H1B stamped. Am I eligible for new cap-exempt H1B in 2015.

Is that six years counted since expiry of my visa (i.e sep 2010) or stamped date Oct, 2007.

Does it make a difference whether I used my Visa or not to avail cap exemption.

Your response will be very much appreciated.

In no forum; this kind of queries are clearly answered.

Please help.

Thanks

[hariomhari]

Hi

I got my H1B stamped in Oct, 2007 and expired in Sep 2010 and I never used it. Now its more than six years since I got H1B stamped. Am I eligible for new cap-exempt H1B in 2015.

Is that six years counted since expiry of my visa (i.e sep 2010) or stamped date Oct, 2007.

Does it make a difference whether I used my Visa or not to avail cap exemption.

Your response will be very much appreciated.

In no forum; this kind of queries are clearly answered.

Please help.

Thanks

Yes, You are cap exempted. 6 years rules is from date of expire of last approval. you are cap exempted till 2016. You'll get full 6 years as you did not used single day of your H1B. Hope this help you.

[kmoorthy7]

Thanks for clarifying my query.

Yes, You are cap exempted. 6 years rules is from date of expire of last approval. you are cap exempted till 2016. You'll get full 6 years as you did not used single day of your H1B. Hope this help you.

Thanks for clarifying my query.
Regards
Krishnamoorthy

[hariomhari]

Thanks for clarifying my query.
Regards
Krishnamoorthy

Please try with good employer / consultant. I mean reputed otherwise chances of approval impact.

Note: This is an opinion not a legal advice.

[kmoorthy7]

Please try with good employer / consultant. I mean reputed otherwise chances of approval impact.

Note: This is an opinion not a legal advice.

Sure, I will try to find a good consultant.

[smadasu]

Hi Krishnamoorthy,

Did you find any good employer. Why b,coz I am also on same page.

Please let me know if you find any.

Thanks,
Sudhakar

[kmoorthy7]

Hi Krishnamoorthy,

Did you find any good employer. Why b,coz I am also on same page.

Please let me know if you find any.

Thanks,
Sudhakar

No, I could not find an employer who could file my H1B on cap exemption.
This is seems to be risky. Most of the attorneys say not possible.
They need proper evidence or clear wording in USCIS rules regarding cap exemption.
There is chance of denial.

I am looking for a suitable employer.

If you have any success, please update.

[rakesh_g31]

h1b cap exempt

No, I could not find an employer who could file my H1B on cap exemption.
This is seems to be risky. Most of the attorneys say not possible.
They need proper evidence or clear wording in USCIS rules regarding cap exemption.
There is chance of denial.

I am looking for a suitable employer.

If you have any success, please update.

Did u find good employer or did u get confirmation on ur cap exempt eligibility?plz let me know as I am in same situation.

[smadasu]

Yes. You can initiate new transfer from any good organization. It doesn't matter how many years it lapsed.

My case is the best example

old H1B dates- 2007 -2010. Never used and expired.

Recently 10 days back I have initiated transfer with premium processing and it got approved on 7th April 2017.

Hope this can be helpful to someone facing same kind of issue.