H1-B visa cap-exempt approval

[sarathmn]

Hi all,

I have an H1-B visa which is valid from Dec 2012 to Dec 2013. But the chances of me using the visa has become slim since there was change in the requirements for customer. the employer suggested that visa can be extended under cap-exempt option and told me that i can travel for the same customer in future when requirement comes.
My query is - If i haven't used my visa at all(considering that I haven't travelled by Dec 2013) and if I am filing under cap-exempt what is the likelihood that it will get approved? Will there any chance of rejection since I haven't used my current visa?

[Nattybone]

Hello, Sarath.

For fresh H1B petition, your paperwork at that time shall be the most important factor. If anything, your past approval (by which i mean your current petition) should be a positive - that you had an approval earlier and not a rejection.

People getting the visa and then not travelling, i feel, has no bearing. If anything, it is a positive, as on the record, it is an approval and not a rejection.

These are my personal thoughts, from my own experiences. I am not a professional.

Hope this helps.

Cheers,

Hi all,

I have an H1-B visa which is valid from Dec 2012 to Dec 2013. But the chances of me using the visa has become slim since there was change in the requirements for customer. I was pushing my employer to find some other client and travel now itself. But the employer suggested that visa can be extended under cap-exempt option and told me that i can travel for the same customer in future when requirement comes.
My query is - If i haven't used my visa at all(considering that I haven't travelled by Dec 2013) and if I am filing under cap-exempt what is the likelihood that it will get approved? Will there any chance of rejection since I haven't used my current visa?