Unused H1B Petition

USA H1B Visa
1

Hi,

Hi,

I had a H1B petition that was valid from the year 01/12/2006 to 09/30/2008. I did not use it and it is not stamped on my passport.

Would i be cap-exempt, if i find an employer who is ready to apply for H1B for me now in the year 2016?

FYI - I am a USA M.S degree holder and i am based in India now.

Please advise me on this.

Thanks,
Sanjeev.

2

Hi,

I am waiting for the answer for this question. Please help.

Sanjeev.

3

Usually one is cap-exempted only for 6 years. However, some people have shared recent experiences where this rule wasn’t enforced.

So if you are able to find an employer willing to file the petition for you, go for it.