Can I apply for H1B visa in cap exempt if I've expired/unused H1B petition?

Hi Boarders,

I have a H1B visa from employer A which was issued during March 2007 and expired during September 2009. However I never used this visa. I have a separate B1 / B2 visa that expires during May 2014 and I used this B1 visa to travel once to the United States during July 2011 for a short one week trip.

  1. Given this situation, can an employer B (say) file a new H1B petition for me in cap exempt category as I have not used my H1B visa (expired) from employer A?

  2. Will I count under regular quota or if I fall under cap exempt quota is there a time limit to apply for cap exempt quota.

  3. And how long does it usually take for approval?

Any information is most welcome and will be deeply appreciated.

Thanks all for your time,


  1. Once H1B is Aprroved, U can file Cap-Exempt till 6 years. In ur case till 2013. October has already Passed, So Cap-Exempt is not possible for now as far as i know

  2. U come under regular quota now

  3. Regular Quota opens in April 2014, Process takes 2 to 6 Months for Approval, followed by interview