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Apply for H1-B under CAP exception category

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  • Apply for H1-B under CAP exception category

    My Previous Company applied for my H-1B in the year 2007 and I got VISA stamped in the year 2008 with an expiration date of Aug 2010.

    But I haven’t used the VISA(never travelled to US) so is there a provision for me to apply for H1-B under CAP exception category.

    If yes, can you please share me the supporting link which I can show to my currently organization so that they can file my H1-B under cap exception.

  • #2
    Originally posted by jgantena View Post
    My Previous Company applied for my H-1B in the year 2007 and I got VISA stamped in the year 2008 with an expiration date of Aug 2010.

    But I haven’t used the VISA(never travelled to US) so is there a provision for me to apply for H1-B under CAP exception category.

    If yes, can you please share me the supporting link which I can show to my currently organization so that they can file my H1-B under cap exception.

    You are cap exempt and need to file new H1B visa. Your current organization's attorney would know all this, as it is not out of the world scenario.
    Looks like they have no intent of doing it, so showing some link on the internet is not going to change their heart.

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    • #3
      Originally posted by jgantena View Post
      My Previous Company applied for my H-1B in the year 2007 and I got VISA stamped in the year 2008 with an expiration date of Aug 2010.

      But I haven’t used the VISA(never travelled to US) so is there a provision for me to apply for H1-B under CAP exception category.

      If yes, can you please share me the supporting link which I can show to my currently organization so that they can file my H1-B under cap exception.
      In my opinion you would not be cap exempt as you were cap counted more than 6 Years back and were not in H1 status in last 6 Years.

      This is my opinion not legal advice.

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      • #4
        Originally posted by jgantena View Post
        My Previous Company applied for my H-1B in the year 2007 and I got VISA stamped in the year 2008 with an expiration date of Aug 2010.

        But I haven’t used the VISA(never travelled to US) so is there a provision for me to apply for H1-B under CAP exception category.

        If yes, can you please share me the supporting link which I can show to my currently organization so that they can file my H1-B under cap exception.

        Hello friend, mine is similar case. In my case, i travelled to US and stayed there for few months and returned.
        Please let me know if you were able to renew your visa or any information that would help me.

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