Can I apply H1B visa in cap exempt if I have expired/ unused H1B petition?

neelavathyt · April 7, 2013, 5:28pm

Currently Im in H4 visa ending in sep 2013 and I have one H1B petition from Employer A which got expired in mid of 2012. I have never traveled to USA. Can Employer B file my new H1B petition in cap exempt category as I have not used my H1B petition(expired) from Employer A?

Will i come under regular quota or is there any time limit to apply for same(cap exempt)?
How long will it take to get approved?

4)Is it possible to travel to india as soon as with my newly approvedH1B petition?

Thanks…

ramanan256 · April 7, 2013, 6:43pm

Yes,you can
Its cap -exempt
by premium processing within 15 days
Yes, but you might have to get it stamped. Check with your lawyer.

krisho007 · April 8, 2013, 12:03am

Yes it is cap-exempt. I just got it done that way.

But as I understand you need a new stamp, hence need ot go for stamping.

gobinathb · April 8, 2013, 12:26am

My Question to avvo.com: H1B Visa approved,stamped for 1year validity,going to expire 30thSep2013.Never Used the Visa.Can I file new H1B as cap exemption.I got stamped but because of project cancellation I have not used Visa. So Can I file a new H1B petition with cap exemption? Can I apply now or Once my visa expired only can i apply?
There answer is: Probably not … you never ‘activated’ the visa.
So I want to confirm any one has got cap exempt for the same.

gobinathb · April 8, 2013, 12:27am

My Question to avvo.com: H1B Visa approved,stamped for 1year validity,going to expire 30thSep2013.Never Used the Visa.Can I file new H1B as cap exemption.I got stamped but because of project cancellation I have not used Visa. So Can I file a new H1B petition with cap exemption? Can I apply now or Once my visa expired only can i apply?
There answer is: Probably not … you never ‘activated’ the visa.
So I want to confirm any one has got cap exempt for the same.

gobinathb · April 8, 2013, 12:28am

My Question to avvo.com: H1B Visa approved,stamped for 1year validity,going to expire 30thSep2013.Never Used the Visa.Can I file new H1B as cap exemption.I got stamped but because of project cancellation I have not used Visa. So Can I file a new H1B petition with cap exemption? Can I apply now or Once my visa expired only can i apply?
There answer is: Probably not … you never ‘activated’ the visa.
So I want to confirm any one has got cap exempt for the same.

gobinathb · April 11, 2013, 6:56am

Its not cap-exempt. Your H1B status is not activated. Once you are in ‘H1B status’ only eligible for cap-exempt.

jix_wt · May 30, 2013, 11:26pm

If it’s not cap exempt how come krisho007 was able to do it?

jix_wt · May 30, 2013, 11:28pm

krisho007 - You now have a new h1b visa after using unused h1b as cap exempt?

ravi_tasanj · August 6, 2013, 10:17pm

hi gobinathb,
Can you please explain more on what do you mean by H1B status not activated?.
Even i have 2008 approved petition. I am assuming that i can use that under cap exempt category by some other employer.

srirampenkey · January 25, 2014, 7:19am

Hi Krish, Ramanan

I have an Approved Petition which will be expired by May 30th 2014.
I have not used this petition for stamping yet.
I am currently in UK and will be reaching India on May 15th 2014.

Can I use the same petition after it gets expired (in June) and raise a new petition request under CAP exemption ?

Thanks and Regards…

AKVA · April 3, 2018, 4:10pm

Same here. My approved petition expired in 2009 and was never stamped.
Please let me know if I can use this petition