Can I use the 2007 H1B approved petition (approved never stamped) for cap exemp 2014?

[karthick_jay]

Hi,
I am working as a software Engineer in India.
I have applied for H1B Visa in April 2008 (Petition is approved and never stamped) with company A.
Can I use the same approval (Receipt Number) for cap exempt 2014 with Company B.

Thanks
Karthi

[raghvi]

Hi,
I am working as a software Engineer in India.
I have applied for H1B Visa in April 2008 (Petition is approved and never stamped) with company A.
Can I use the same approval (Receipt Number) for cap exempt 2014 with Company B.

Thanks
Karthi

I dont think so as you were cap counted over 6 Years back. If oen is cap counted within last 6 years one can file a cap exempt petition.

This is my opinion not legal advice.

[t.suraysh]

Hi Karthi

Yes. Company B can file a CAP exempted petition for you using your old petition number. The 6 years validity means your eligibility to stay & work in US once you are counted under CAP. Once the 6 years of stay is over, you will need to be counted under CAP again so you will need to file a new petition which will be counted under CAP for that year. As you never traveled to US, you can get the complete 6 years of stay with transfer. You will only need your petition number for transfer but if you have your approval notice, it will be easy to convince Company B to file CAP exempted petition for you.

[raghvi]

One has to be in H1 status in last 6 Years OR cap counted within last 6 Years.

Please see relevant clauses regarding H1B remainder Time.

If still in doubt read the following judgement :

http://www.uscis.gov.edgesuite-staging.net/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occupation%20or%20Fashion%20Model%20(H-1B)/Decisions_Issued_in_2009/Mar032009_06D2101.pdf

The example is about getting H1 status for a person who had an H1 filed and approved in 1996-1999 wanting to regain the H1 status in 2006 beause the initial 6 Year period was not fully used. The USCIS - Administrative Appeals Office (AAO)denied the same.

This is my opinion not legal advice.