when should i applu for H1B cap exempt application

My current employer has filed H1B for me in 2013 and it got approved. But the stamping was not done as the project that i was supposed to go got scrapped. And the current petition is going to expire in August, 2016. I have never worked in US till now. My current employer has never given me any docs related to the petition except the receipt number.

Now, my husband got H1B approved in this current 2016 slot. If i go with him on H4 visa, can i apply for H1B using cap exempt application from a new employer/consultancy in US? We might go to US by the end of this year, by which time my current petition could expire. Can we file a cap exempt application on a expired H1B petition?



Usually cap-exempt petition can be filed within 6 years of original approval date. So in your case by 2019. However, USCIS seem to be going easy on 6 year limit and have approved petitions even well over 6 year limit.

So time is on your side. Find an employer, and have them file cap-exempt petition for you along w/ COS. You can submit receipt number, and print out of online status for the receipt. USCIS can look-up the details of the case using the receipt number.