H1B Cap Exemption--for I 797 which was originally approved in 2010

Hi All,

Can anyone help me about my H1B petition is valid or not? Below are the details of my VIS-I 797

Initially, I 797 was approved in the year 2010 and got stamped from 2010 to 2013 but never been travelled/used my VISA.
Again changed the organisation and used the same I 797 in exemption and got stamped from Nov 2014 to Aug 2017 but this time also not used/travelled on H1B.
Now I planning to use it. Can any one suggest whether still my I 797 valid for exemption as I did not use it earlier?


Once cap-subject is approved, any remaining H1B period can be used by filing cap-exempt H1B. In your case you can use your entire 6 years of H1B term as you were never in the US on H1B.

Hi Kalpesh,

Thank you for the clarification.