Need Clarification on H1B CAP Exempt process

[basha12]

My H1B stamping done on 2007 and its valid till 2010. But I didnt traveled to US. Some one told me that we can make use of that existing petition and apply through H1B CAP Exempt process. Can some one help and clarify is I am eligible to apply H1B CapExempt now. As I heard that H1B Cap can apply till 6 years after expire the validity. Is that 6 years calculate from date of Stamping or Date of visa Expire date? Can some one help me on the above.

Thanks in advance...

[raghvi]

My H1B stamping done on 2007 and its valid till 2010. But I didnt traveled to US. Some one told me that we can make use of that existing petition and apply through H1B CAP Exempt process. Can some one help and clarify is I am eligible to apply H1B CapExempt now. As I heard that H1B Cap can apply till 6 years after expire the validity. Is that 6 years calculate from date of Stamping or Date of visa Expire date? Can some one help me on the above.

Thanks in advance...

6 Years from initial Cap year. It seems you belonged to 2008 Cap , so I dont think you are eligible. Talk to the attorney of the employer to confirm.

This is my opinion not legal advice.