H1B Petition Cap exempt,visa not stamped

Hello Experts,

Please help me in this query,

I had my H1B petition approved in 2008 by my employer.The validity was from Oct’2008 to July’2011.I never had the Visa stamped or travelled to US.Still not completed 6 years.

1)Can my employer file a Cap exempt petition for extension.Will it be valid,eventhough I had never got it stamped and the petition has expired in 2011.

2)If the above is Yes,How long will the petition be valid/extended for.

Requesting your help as I am getting conflicting information reading different blogs over the internet.



Hello Dev,

  1. your employer can file a new LCA followed by H1B petition under CAP exempt category. you are allowed under CAP exempt category till Oct 2014 as it is when you will be completing 6 years from the time you files your first petition.

  2. The old petition being no longer valid to apply for VISA, the fresh H1B can cover you for a period of 3 years.


Hi Kin,

Thanks a lot for the answer.It clarifies my doubt.