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H1B Quota waiver after approval has expired

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  • H1B Quota waiver after approval has expired

    Hi Team,

    I have applied for H1B visa in 2008, it was approved and stamped.

    Due to personal reason I was not able to travel on H1 Visa.

    In 2010 my current employer applied for B1, at the time of B1 stamping my H1B stamp got cancelled.

    I travelled on B1 in last couple of years , but H1B was never used.

    My I-797B was valid till end of 2011.

    Will like to know if I apply for H1b transfer or apply for new H1B, am I eligible for quota waiver.

    I have close to 10 years of experience in niche technology if that helps the case.

  • #2
    H1B CAP is valid only for 6 years. So you cannot transfer your petition now since the CAP from 2008 would have already expired. You have to go through quota again.
    Not a legal advice. Use of this information is strictly at your own risk.