H1b exempt clarification

[Movesoon]

Team

currently Am I eligible for H1b Exempt ? below are details

I797C :

Receipt Date ; August 10 2005
Notice date : March 11 2006
Notice Valid from 03/08/2006 to 09/30/2008

Obtained Visa from Delhi consulate and got expire also but not traveled to USA on this H1b visa at all.
Visited US on B1/B2 quite often and used to stay only for 2 weeks

with above details can I change my employer and am I eligible for H1b without 2015 cap

Please let me know your input to proceed such that I want to move to USA

[peace999]

Current cap exempt H1b has nothing to do with your past H1b that expired.

For you to be eligible for cap exempt H1b , your employer should be one of the following;

A not for profit institution of higher education
A not for profit entity related or affiliated to an institution of higher education
A not for profit research organization or a governmental research organization

[raghvi]

Current cap exempt H1b has nothing to do with your past H1b that expired.

For you to be eligible for cap exempt H1b , your employer should be one of the following;

A not for profit institution of higher education
A not for profit entity related or affiliated to an institution of higher education
A not for profit research organization or a governmental research organization

Peace, I believe what the forum member wanted to know was with respect to the H1B Remainder Time Rule. If one does not entirely use up the 6 Years of H1 in US, then in certain circumstances one can re use that petition to file a new "Cap Exempt" H1 petition.

Movesoon: As you were cap counted over 6 Years back and your were not in H1 status on that cap in last 6 Years, you cannot re use that particular H1.

In fact there is a petition to make old unused/expired/revoked H1s to be available to the general Pool: https://petitions.whitehouse.gov/pet...cases/FB6Z3WH1

This is my opinion not legal advice.