Exempt from H1 B visa|Rule of valid status in last 6 years

I read a lot of post before posting this query… I had a H1B visa stamped on my passport which was issued on 12-JUN-2008 and expired on 30-SEP-2009. I never travelled/entered US on the H1b visa though.

So, am I exempt to apply for H1B visa since I had a “valid H1B status” in the last 6 years?

Will appreciate your expert advice.



Yes, you can have an employer file cap-exempt petition for you on the basis of previously approved H-1 petition. This can be done as long as new petition is filed within 6 years of previous H-1 petition.