Can I file for H1B cap exempt if I have an expired/unused H1B petition ?

I have an H1B petition which will get expired in June, 2013 and I have never traveled to USA (No SSN). Can I file for an H1B petition in cap exempt category although I have is not used my H1B petition (valid till June 2013) ?

Yes you can get it filed in cap exempt even if you have never travelled.

No. Never activated Visa will not come under cap-exemption.

Gobinathb, FYI, never activated visa also comes under cap-exemption category. I have already filed it and I am in US from last 1 month on the same visa.

Hey Vinuhi5…

Need your help man.

I applied for the H1B visa (Computer User Support Specialist) in FY2013.
I got the approved petition with expiry date as 1st Oct 2013.
The visa was also stamped that year, and the visa expiry date was 1st Oct 2013.
But, I did not get the chance to travel using that visa and it expired last 01st Oct 2013.

This year FY2015, I am applying for the H1B visa (Computer Programmers).

Could you please help me in understanding, if I am eligible for CAP EXEMPT case this time ?

Its definitely cap exemption. I came to USA through cap exemption. I never travelled to usa using my first visa.

Hey Gobinathb,

But, does this hold even when we want to request for a different role in H1B.

For eg… in 2012, I got the petition for Computer User Support Specialist (Prod Support), so, Now, even when I want to apply for a Computer Programmer role, the case would be CAP Exempt??

They only refer your petition no. They will not verify your job and responsibilities with previous petition.

Thanks man…


I have got approved H1B PETITION (not approved h1b Visa)f rom an Indian company for 2014 h1b quota, which has office based out of Texas, USA. I went to H1b VISA interview in the month of 2015 April. It was kept under administrative processing for couple of months post interview and finally VISA got refused with - OF-194 notice stating " Consular investigation revealed that there is no qualifying employment for the beneficiary".

I am working in India and never went to USA. My H1b petition approved and expired by October 2017 (valid for 3 years from 2014 October)

Now I am much worried about my future, what are options I have now to get approved h1b visa? can you please advise? I am very great full to you to take your ample time to advise me.

can I transfer my approved h1b petition from petitioner company A to another Employer B while in India and can i attend one more H1b VISA interview with fresh DS160 application and client letter rendered by new employer B? If so can you please let me know the process and reference and guidelines?

Thank you

Any updates?

I am also in same situation