H1B is unused since 2014 even after stamping


My H1B was stamped in 2014 and expired in 2017 but I could not travel due to family reason. Do I have to apply for lottery again? Or is there any other process I need to go for it I want to travel to US.

Thank you.

1 Like

You are cap-exempt for the unused period of the 6 year H1B term so no need for lottery.
Ince you find a H1B employer, they can file cap-exempt petition and once approve you go for visa stamping and travel to the US to start the H1B job.

1 Like

Hi Kalpesh,

Thank you so much for your revert. The visa was expired in 2017 still you think I can exempt from lottery?

Also there is one more case. My spouse had lottery pick in 2016 and her i797(hard copy) was not given to her by employer and she could not do her stamping. Is there any way she can exempt from lottery?


Hi, we will help you. Can you drop an email to vsinusa2024@Gmail.com ?

This is not my thought, USCIS has approved cap-exempt cases like you.

You can submit FOIA request to get the petition copy from USCIS.

Most probably yes, 50% chances.

Thank you @Kalpesh_Dalwadi for your inputs. I went through the URL of USCIS , it is asking for 40k inr for getting the petition and that too 6months long wait and can be possible that no results from their side. Is it correct?
Just curious to know why my spouse would have 50% chance of not getting cap exempt?

Thanks @Venkat_S1 for mentioning your email.

if your H-1B visa stamp remains unused since 2014, it’s important to understand that H-1B visa stamps in your passport have a limited validity period. Generally, H-1B visa stamps are valid for a specific duration, typically for the period of your approved H-1B status, up to a maximum of three years initially, with the possibility of extensions.