H1B-approved in 2007/expired in 2010 - eligible for CAP exempt in 2016?


I had my H1B with my previous employer, got visa stamped and expired in May, 2010. I never travelled to US using this visa. Am I eligible for CAP EXEMPT in 2016 ? I read that the exempt validity is for 6 years post visa expiry. In this case, can I use my expired H1B petition for 2016 CAP EXEMPT.

Please help / advice.


From what I know, it is 6 years from approval date or last entry date to US. As you never travelled to US, it would 6 years from May 2010. So you still have time, but not lot.

Thanks Saurabh, I have travelled using B1-Visa in March, 2011 for a short time. Is this entry counted for H1B CAP exempt status in 2016 ?. If this is counted, do I get 6 years from Mar, 2011? Please let me know.

That travel on B-1 doesn’t get counted.

Thanks a lot…appreciate your prompt response.

Hello, I have similar case. I got my approval, which was valid from 10/01/2008 to 09/18/2011. But, my visa got denied due to some issue with my petitioner. Now one consultancy (value consulting) has came and telling that they can process my case on CAP exempt case. Could you please suggest me, is it do able and whether can we trust those consultant.

Assuming you never traveled to US, your 6 year allowance to file cap-exempt case expires in 2014. However, your new employer can consult an attorney and if they see a good case, you can go ahead w/ them. Don’t rely on employer’s word, but talk to their lawyer.