Expired H1B Visa


My H1B was approved in 2008 but I never used it (did not travel to the US). I traveled to the US in 2012 on F1 and filed for a fresh H1B in 2015 which got denied after RFE. As per my knowledge, my 2008 visa cannot be used again as it has been more than 6 years since its approval. Recently I heard from someone that the 6 years rule is no longer applicable and that I can still file for an amendment for the 2008 approved H1B. Is this information correct or its all a rumor?

Thank you all!

6 year rule is still valid. By the time you apply, it would be close to 7.5 years since you applied, and there is little chance that it would be considered as cap-exempt.

Thank you for your response. Really appreciate.

Yes, You are 100% eligible under cap exempt,6 yrs counted from petition expiry date .Many people misguide you (Including some attorney and some company policies) saying you are not come under cap exempt.Don’t listen to anyone

My suggestion is find some good/reputed employer and go ahead with H1B transfer under cap exempt.


Any updates on whether you got your H1b successfully filed and approved?