Beyond 6 years of Approval Notice for H1B - Cap Exempt or Under Capped Quota?

[JSCHANDRA]

Hi All,

I have applied for H1B in 2008 and got the Approval Notice (I-797 B, Notice of Action & Case Type: I129). The validity for Approval notice is from 10/01/2008 to 08/15/2011.

I never went for H1B stamping till date nor did I visit US through any other form(Like L1 visa etc) i.e., I have not made use of the Approval for H1B stamping till date.

I know that the Approval Notice is valid till 6 years for sure. However, my question is that as I have not made use of the Approval Notice nor have I entered US till date, Can I use the Approval Letter for H1B without going for Lottery system for this year 2015 quota.

I request experienced people who knows the exact answer to reply back. Please ask if anything is not clear from my side.

Thanks in advance.

[raghvi]

Hi All,

I have applied for H1B in 2008 and got the Approval Notice (I-797 B, Notice of Action & Case Type: I129). The validity for Approval notice is from 10/01/2008 to 08/15/2011.

I never went for H1B stamping till date nor did I visit US through any other form(Like L1 visa etc) i.e., I have not made use of the Approval for H1B stamping till date.

I know that the Approval Notice is valid till 6 years for sure. However, my question is that as I have not made use of the Approval Notice nor have I entered US till date, Can I use the Approval Letter for H1B without going for Lottery system for this year 2015 quota.

I request experienced people who knows the exact answer to reply back. Please ask if anything is not clear from my side.

Thanks in advance.

2008 was over 6 Years back. I do not think you are cap exempt.

This is my opinion not legal advice.

[JSCHANDRA]

2008 was over 6 Years back. I do not think you are cap exempt.

This is my opinion not legal advice.

Yes, it was evident that its 6 years back. But the thing is that I never went for stamping nor did i travel to US through any means of Visa. Hence, I am enquiring with the experience people who has underwent same situations.

Guys, if any of you have gone through my situation please respond.

Thanks in advance..