Well, I guess I didn't put that correctly in my previous reply. Not using the approved petition it is not an issue. If the petition effective date is not within the last 6 years, then you cannot use that petition to get exempt from CAP. One H1B CAP is valid only for 6

Quote Originally Posted by silverprince View Post
Hello Shervin,

I need some clarification on this. In this line quoted above, you've said that one cannot be cap exempt if they have not "used" previous H1CAP and is more than 6 years. Now is this because of having "not used" or because of 6 years passing?

I am asking this, in relation to my situation below. Please guide.

I first got my H1b petition approved in Jun 2004. I made 2 visits to US

4/Dec/2005 to 30/Jan/2006
24/Sep/2006 to 2/Dec/2006

No further travel. Visa expired in Feb 2007. I changed employer.

I got married in Jan 2012 and my wife is L1 holder. I applied for L2 and I got it last week.

My question is, if I apply for a fresh H1b, am I cap exempt or not?