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Unused H1B petition - CAP exempt process

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  • Unused H1B petition - CAP exempt process

    Hi All,


    This might be a redundant question, but please bare with me as I didn't got any satisfactory answer on any of the forum.
    Here is my case :

    1. Got my first H1B petition approved in May 2012 for 1 year. Got Stamped on passport, but never traveled.
    2. Got my second H1B petition approved in Oct 2013 for 1 year (Not sure if this was cap exempt or new process). Got Stamped on passport, but never traveled.
    3. Joined new company, transfer my petition under cap exempt in 2017, valid till Nov. 2018 - Never traveled.

    4. Now, my project has requirement and I need H1B.

    So can someone please guide me If I am eligible for CAP exempt process. What I come to know is "I am NOT" as my initial petition was approved in 2012, which is more than 6 year. So I am not eligible for CAP exempt process now even though I have not travel a single day.

    Can you please confirm on this?


    Last edited by Sunil_H; 04-01-2019, 09:58 AM.

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