Dear Members, my h1b petition approved in 2014 and expired in 2017, without being used. Somebody told me that I can again file a new petition which would be cap free at anytime. Please suggest me?
You can file a non-cap petition at any time within the 6 years from the expired date of your latest H1B approval.
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To add to @ImmiGeek, lately this has been slightly a grey area, where for some applications in similar case as your USCIS has raised questions that the candidate never had H1B status and is not eligible for cap exempt transfer…So, there are some issues with this in recent years…Nevertheless, if you have an employer, I suggest you give it a try as you lose nothing…but stating the info so that you are aware of the situation…