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Am I eligible for H1B Petition file with CAP Exempt

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  • Am I eligible for H1B Petition file with CAP Exempt

    I need your confirmation on whether I am eligible for CAP Exempt Petition file or not. Please find the details below:

    My petition was filed in April 2009 by my former employer, it got approved in October 2009. Then I was granted Visa from "2 Nov 2009" through "30th Sept 2010". Due to personal reasons I did not travel to USA on that VISA(so in a way it was never utilized). But, since the date my petition was approved it as not completed 6 years.


    In March 2010 when I left that organization they cancelled my VISA with stamp "Cancelled without Prejudice".

    Currently I do not have copy of I-797 and my former employer is not providing copy too.

    I just have receipt number and VISA details in my Passport.

    My current employer wants to file petition for me, can they file it with CAP Exempt, just with receipt number I have?

    Please provide you valuable input as early as possible?

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