how to use expired H1B which expired in sep 2008


My Case is i had H1B visa which got expired in sep 2008, i never travelled on that visa to USA,

now i am in USA on L1A ,now i want to use my expired H1B, i would like to know if i am eligible for H1B cap exempt,

how exactly is 6 year rules works? is it counted from H1B expiration date?

If i am eligible how many years i can use this

To be eligible for cap-exempt H-1, it should have been approved within last 6 years. So in your case it should have been approved after 2007.

However, I think USCIS is leniant about the 6 year rule expecially when it’s a borderline case. Your attorney can look at the case details and then tell the chances of being eligible for cap-exempt petition.

thanks a lot Saurabh for your answer, after reading so many forums and the articles i am bit confused now, i would like to put my case again to get your guidence, i had my unsed H1B filed in 2005 and got approved in july 2005 with validity on that from sep 2005 till sep 2008, can yiu please guide me if i am eligible or not, as i read in one of the site that “we should have a valid H1B in the last 6 years for to be cap exempt” can you please guide me, thank you for your support

That’s what I mentioned in my answer as well. It has to be approved in last 6 years. Your petition was approved in last 8 years. So on the face of it, you don’t look eligible. However, your attorney can still look at your profile and tell you whether USCIS may be lenient or not in approving another cap-exempt petition for you on the basis of that petition approved in 2005.