I have 2008 approved H1B petition with receipt number . I have not went for stamping and never traveled to USA. Please let me know am I eligible for cap exempt ?
2008 receipt notice :EAC08158***** ( “Case approved” in USCIS website)
My understanding is you have to be in the cap for 6 years, since its been more than 6 you’ll need to go through the lottery. Please check with a lawyer.
Mine is a similar case. The employer whom I contacted, he confirmed with his attorney and the attorney confirmed that this is a grey area in the immigration rule book. The remainder period use clause doesn’t clarify “How old a petition can be used”/
hence it is a 50/50 chance.
Rakesh, can you please update, what was your experience? Did you get it approved or did you apply in a fresh lottery?