got approved petition in 2008, valid till 2011, Never stamped. can I apply for H1B Cap exempt


Please advice

I got valid petition from Employer A in 2008 , it was valid till 2011. I never travelled to USA on this petition and VISA was not even stamped.

Now I am on H4 visa, planning to apply for H1B. Am I considered in H1B cap exempt.

1> As my visa was not stamped , am I eligible for cap exempt

2>Can other sponsor apply for H1b cap exempt

3>What is maximum duration I have to apply for cap exempt

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.


Hi Rakesh,

Can you re-confirm about the “6 years counted from petition expiry date” clause? My petition original dates are 2007 to 2010. So will it be valid in 2016?
I am told it is valid from the last date you were present in USA?

How was your experience, I guess you also have a similar case?