H1B Cap exemption - Approved petition Jun 2008-2011 not used

I had H1b visa petition approved which was valid from JUN 2008-2011, but never did the stampting.

Can I use now in 2015 to file under cap exempt quota or do I need to file under new quota?

What is remaining period.?

Can I apply through new Employer and go for visa stamping directly?


Yes, you are cap-exempt till 2016

You can find an employer who can do it

Thanks Rana,

Even I am in similar situation.
My employer is not ready to file H1B case so I am looking out for opportunity. how will get sponsor?

Hi Rana,

My case is similar too. I have a I-797B petition approved in 2008 which is valid till 2011. I never went to US. Now I’ve an employer to support. Can I get a new petition without lottery.


Yes, you are cap-exempt. No lottery till 2017

Thanks for the reply Rana. Just to make sure that it is 6 years from petition expiry, Did you see any case similar to mine and they got new petition? because this year one employer checked my petition and told that I have to apply through cap and applied. My file was not picked. Now my employer is ready to sponsor me for onsite. Can I use my old petiton for that.

You can use old one. I came acrossmore than10 such

Thanks Rana for the information. Much appreciated for the reply. I will get back to you if I have any more doubts.


Hi Rana,
For a petition which was from 2007 to 2010. I believe you will be cap-exempt till 2016? Is this math correct?

Hi Chandu,
Can you please confirm if you were able to reuse the old petition or you filed a new one through the lottery or you dropped the idea itself?

I also have an old petition and wondering if I am cap-exempt.