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

I got H1B(i797) with company A in 2006 which I didn’t use it so company B processed H1B using the earlier I797 in 2009 and got another I797 which already expired in 2012 and I didn’t use this too. As my second I797 processed in 2009,

Am I eligible for CAP exempt till 2015 (2009 + 6 years) or they will consider only the 1st H1B petition and CAP exempt (2006 + 6 years)?
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I am in same boat, I got H1b with company A in 2007 which I didn’t use it and company B processed same petition and got approval till August 2011. I have not used this too.

Am I eligible for cap exempt till 2014 ( 2008 + 6) or till 2013 ( 2007 + 6) ?

I would really appreciate if some experienced person in this forum can answer this question

Hi Raj,

I haven’t get the reply from anyone, but most of my friends say eligibility based on latest approval in your case - cap exempt till 2014 ( 2008 + 6), still it is not official answer, please let me know if you find from anyone. but HURRY UP man, you have only one year time


Hi Bharath or Raj,
Did any one of you get your H1b transfered using old i797.I am in a same boat. I have approved I797 of May 2008. never used it. got 221g when i went for stamping. Now I am in usa on L1b visa and got offer from other employer. Can I use my old I797 for H1 transfer under cap exempt? Please let me know if it worked for you guys