Can H1B expired in Sept 2011 be considered as cap-exempt now?

[Shiva2706]

Dear All,

I got H1B petition in 2008 and was valid till Sept' 2011.
I got visa stamped at that time , but due to some family constraints I could not use this H1B and have never been to US.

Can I consider my case for cap-exempt now?

Regards,

Shiva

[raghvi]

Dear All,

I got H1B petition in 2008 and was valid till Sept' 2011.
I got visa stamped at that time , but due to some family constraints I could not use this H1B and have never been to US.

Can I consider my case for cap-exempt now?

Regards,

Shiva

I dont think petition expiry date matters, its the petition filing date. Since you were petitioned over 6 Years back, I dont think you can claim to be cap exempt. Do discuss with an attorney.

This is my opinion not legal advice.

[rakesh_g31]

Rakesh

Dear All,

I got H1B petition in 2008 and was valid till Sept' 2011.
I got visa stamped at that time , but due to some family constraints I could not use this H1B and have never been to US.

Can I consider my case for cap-exempt now?

Regards,

Shiva

Hi Shiva, I am also in same situation as you...I have 2008 approved h1b petition and did not travel to USA. I am looking if I am cap exempt now.I found few employers where they are ready to process my visa under cap exempt but need your input if we are eligible or not for cap exempt in this situation.