I have received the H1B petition in 2008 but due to medical emergencies never travelled to USA. So I am sure its expired as its not used. Now wish to know is it still valid to receive CAP exempt and travel in 2016 ? Or need to apply for fresh H1B visa?
Thanks
Prasad
You are not cap-exempt as your 6 year clock expired in 2014.
Saurabh,
Not saying you’re incorrect but I spoke with another user on this group. He has a 2008-2010 petition from Company A. Now Company B transferred and tried to reactivate that petition to use the remainder years. They applied the transfer in Jul 2015. They did it in regular so he got a RFE just a week back, so I guess that proves that it is not an outright reject.
couple of forums say Murthy law firm has got such application cases approved.
Your thoughts?
Its a gray area as USCIS may be lenient in enforcing the rule when it cuts too close to the date. In addition, it also depends upon how attorney frames the letter.
Rule of thumb is 6 years, but if someone wants to still try then so be it.