H1b out of cap eligibility


I was in US from Jun 2011 to Aug 2013 on L2 EAD. In 2013 I have applied for a H1b and I got approval on Aug 2013 (Came to know the day we are moving back to India due to my husband’s L1 extension rejected). Been to visa stamping in Dec 2013 and got visa till 1 jan 2016 (which is expired 20 days back). With in this period I haven’t travelled to US and didn’t utilize this visa due to personal reasons. I am planning to go now and I would like to if I am eligible for out of cap on the expired visa?

Thanks in Advance


Yes, your employer can file a cap-exempt petition for you on the basis of the one approved in 2013.