H1B Cap Exempt - More than 6 years old approved petition

[hariomhari]

Anyone who has old expired or unused (> 6 or < 6 years old) approved H1B petition in past can re-capture his/her reminder period by filling new cap-exempt petition.

1. If you have more than 6 years old H1B approved petition, are you eligible for cap exempt?
   
   

   Yes. You are cap exempt until 6 years from date of expire. e.g if your petition approved on OCT-01-2008 and expired on SEP-30-2011, you are eligible for cap-exempt H1B till SEP-30-2017.

2. If you have been rejected during H1B interview at your home country, are you eligible for cap exempt?
   
   

   Yes. Rejection on your H1B visa stamping has nothing to do with cap.

3. If you never used or stamp your H1B approved petition, are you eligible for cap exempt?
   
   

   Yes.

References:

• http://h1bsupport.com/entry/how-to-u...ined-with-faqs
• http://forum. **** **.com/index.php?...empt-approved/

Note: This is an opinion not a legal advice.