H1B Cap exemption after petition approval - Not traveled to US, No stamping


My Petition was approved in 2008 and I never traveled to US.I did not go for stamping also. Can I apply for cap exempt and try to go for stamping again.


Well, this is a grey area…if you were to have stamping, then you were to be given H1B status at least once and you would have been eligible for cap exempt. Now, in your situation, as there was no stamping, it is not fully sure…USCIS has asked in the past that the candidate never got h1B status…there are some success cases with your kind of situation as well…so, if you have an employer willing to give it a shot, you can try for sure…