Unused Expired H1b and Am I eligible for Cap Exempt if I apply H1B now.

[Elan83]

Hi,

my H1B petition got approved in 2013 and I have never utilized it, i.e I have never worked under H1B. In Jan 2014 I entered USA under H4 visa and I am currently working in H4 EAD.

If my current employer apply for H1b.

1. Am I eligible for cap exempt?
2. Am I eligible for 6 years i.e until 2023 .


Thanks.

[gpkreddy7]

You are always eligible for cap exempt

Hi,

my H1B petition got approved in 2013 and I have never utilized it, i.e I have never worked under H1B. In Jan 2014 I entered USA under H4 visa and I am currently working in H4 EAD.

If my current employer apply for H1b.

1. Am I eligible for cap exempt?
2. Am I eligible for 6 years i.e until 2023 .


Thanks.

You are always eligible for cap exempt. You can use the already approved H1B with out cap. I am not sure you are eligible for 2years or 6 years.