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

USA H1B Visa
1

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)?
1 Like
2

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

3

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

Thanks,
Bharath

4

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