Petition approved in 2008, cap exempt now?


My H1B petition was approved in 2008 and was valid from 2008-2011. When I went for stamping, I got white 221(g) slip for additional documents from the sponsor. We didn’t take the case forward then.

The queries I have are:

  1. whether another employer can sponsor H1B now (in March 2015) as cap-exempt based on the earlier approved petition? I have the previous i-797 copy with me.

  2. Is the 6 years validity rule applicable for approved petitions also? If yes, is it 6 years from the petition approval date (2008 in my case) or petition expiry date (2011 in my case)?

Thanks in advance!

  1. You need to file a new H1B under CAP

2.6 year is from date of approval

  1. You are cap-exempt only if USCIS has not revoked your petition (as you failed to submit docs for 221g). Verify the status in USCIS case status

  2. 6 years is counted from expiry (but it must not have revoked AFAIK)


On USCIS, the status is - Case was approved. What is usually the status for a revoked petition?

It must be as revoked by USCIS
You are safe now. Still if you want to make sure. File FOIA, so that you get all information if there was a Revoke/Withdrawal or so
Here is the link how to file FOIA

Plz call me…I am in the same boat…+919611534000.

6 years is counted from Expiry of petition? Are you sure? if the petition approval date was 2007 and initial expiry date was 2010, then can I be cap exempt till 2016? Can you please conffirm