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New H1B filing after not utilizing 3 years of H1B

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  • New H1B filing after not utilizing 3 years of H1B

    I have H1B stamped but will expire in another 20 days with my current employer A.

    I did not able to utilize this 3 years due to some personal reasons. Now I am ready to travel to US.
    For this I need to apply for new H1B.

    In this scenario
    Q1- Does this new H1B petition come under Cap Exempt if I apply from same company A ? In this case can I apply after visa expired ?
    Q2- Does this new H1B petition come under Cap Exempt if I apply from switch company to B ? In this case can I apply after visa expired ?

    Need help. Thanks in advance.

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