Can I get cap exempt H1 extension for unsused 2006 petition.

Hi, I got my first H1 in 2006 with validity till 2009. But when i went for stamping ,I was asked for additional documents and visa was not stamped. In the mean time I got another fresh H1 with another employer in year 2007 valid till 2010 may. I travelled to US on this H1 and was there for 4.5 months from oct 2009 - Feb 2010 and returned back to India. The 2007 H1 petition was taken back by the employer when i left the company. I still have the 2006 petition with me . can I now apply for CAP exempt for 2006 petition .



Usually the cap-exempt petition should be filed within 6 years. However, some folks have shared recent experience where this was successfully applied even after the 6 year period.

So you can find an employer willing to file the petition, and discuss the case w/ attorney. If the attorney agrees, cap-exempt petition can be applied. Not all attorneys are willing to file this cap-exempt petition, so you may have to convince them.