Regarding H1B cap exemption rule

[pams2015]

Hi All,

I had got my H1B petition approved in July 2008 and visa stamped in November 2008, but could never travel to US on this visa. In 2014 as the six years have got completed since my petition got approved, could you please let me know if now I would be able to file H1B under cap exemption??

I have been approached by some employers for filing new H1B, some of them mention it would be cap exempted and some say it would be cap counted.

Some expert opinion would be highly appreciated. Please help. Thanks.

[raghvi]

Hi All,

I had got my H1B petition approved in July 2008 and visa stamped in November 2008, but could never travel to US on this visa. In 2014 as the six years have got completed since my petition got approved, could you please let me know if now I would be able to file H1B under cap exemption??

I have been approached by some employers for filing new H1B, some of them mention it would be cap exempted and some say it would be cap counted.

Some expert opinion would be highly appreciated. Please help. Thanks.

It actually is a grey area. I would suggest you try your luck with those employer saying it would be cap exempt as long as you do not have to pay for it.

This is my opinion not legal advice.

[pams2015]

Thanks Raghvi for your response.