I got H1B petition approved in 2007. My H1b visa expired in 2010. I never traveled to the USA. Can I apply fresh H1B as cap exempt? I got H1B stamped in Dublin, Ireland.
Is there any chance for this scenario to apply under cap exempt or else i have to apply a new application (H1B).
Thank you,
MM
You should quality for cap-exempt.
Kalpesh Ji,
Thank you for you’re swift response for my query.
I need some clarification, i hope with your experience you can clear my doubts regarding CAP exemption.
Is there any time limit (no of years) to apply for H1B again under CAP exemption with another employer.
My H1B visa was expired in Oct 2010 never traveled to USA within the given period ,if you have any official
article/document regarding the same to support my case please share.I will be very great full to you.
Thank you,
MM
No time limit to claim the remainder of time of your unused H1B.
You will find USCIS link in below post by Kumar.
Kalpesh Ji,
After reviewing the article you provided, I found it to be quite informative. It discusses the concept of “remainder time” in relation to H1B visa holders. This refers to the requirement for H1B holders to spend a certain period of time in the USA to recapture or maintain their H1B status. The article also raises the question of whether this requirement applies to individuals who were approved for H1B visas but never actually traveled to the USA, resulting in the expiration of their H1B status.
In my case, I obtained H1B stamping back in 2007, which expired in October 2010. Now, more than 12 years have passed since then, and I have not traveled to the USA during this entire period. Considering this situation, I’m curious to know if I would still be eligible for CAP exemption despite not having traveled to the USA all these years. In essence, can I still be considered for CAP exemption after more than a decade of non-presence in the USA? Your insights on this matter would be greatly appreciated.
Thank you,
MM
USCIS has approved cap-exempt for cases like yours. No harm in applying cap-exempt and see if they approve. You can use the copy of I-797 for the first time approval to apply.