H1B never used and expired

[nallamothu]

Hi,

Please help me.

My ex-employer had filed for H1B in 2006 and got approved same year.
H1B stamping done in 2007.
H1B is expired in 2009.

Today is September 17,2013.

Can i get cap-exempt if my present employer wants to file for me? I have seen several thread which says there is 6 years period that i can apply is it from the start of previous apploval(2006) or from the expiry date(2009)?

Thank you.

Regards,
Nallamothu.

[Nattybone]

Hi,

Please help me.

My ex-employer had filed for H1B in 2006 and got approved same year.
H1B stamping done in 2007.
H1B is expired in 2009.

Today is September 17,2013.

Can i get cap-exempt if my present employer wants to file for me? I have seen several thread which says there is 6 years period that i can apply is it from the start of previous apploval(2006) or from the expiry date(2009)?

Thank you.

Regards,
Nallamothu.

Hello, Nallamothu.

When were you last on H1B status (in the USA)? If you never went to US on this visa and it was issued in 2006. Then, your 6 years got over in 2012. From my understanding, you will need a fresh petition, which will NOT be cap exempt.

Cheers,

[nallamothu]

thanks for the reply.
I never went to US on H1B. My passport got stamped in 2007. 6 years, they look from 2006(approved year) or the stamping year 2007? Thanks.

[Nattybone]

thanks for the reply.
I never went to US on H1B. My passport got stamped in 2007. 6 years, they look from 2006(approved year) or the stamping year 2007? Thanks.

Hello, Nallamothu.

I am not too sure, i am sorry.

Even if you consider the stamping date, haven't you crossed 6 years already? What is the visa date on the passport?

Cheers,