H1B Visa approved,stamped for 1year validity,going to expire 30thSep2013.Never Used the Visa.Can I file new H1B as cap exemption? I got stamped but because of project cancellation I have not used Visa. So Can I file a new H1B petition with cap exemption? Can I apply now or Once my visa expired only can i apply? And also I checked with www.avvo.com with Immigration attorney. They are commected following:
There answer is: Probably not ... you never 'activated' the visa. So I want to confirm any one has got cap exempt for the same.