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H1B Visa Approval in 2008. Am I still Cap Exempt?

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  • H1B Visa Approval in 2008. Am I still Cap Exempt?

    Hi everyone,
    I would really appreciate some help on this query.
    I got my H1B Visa approval I-797 in Sept 2008 and got the stamp in July 2009. However, I never traveled to the US on my H1B visa, which expired in Sep 2011.

    I read on some blogs/forums that one doesn't come under the cap for only 6 years from date of approval, which in my case is Sept 2014 (passed already). However, I believe there is some ambiguity around this rule. Can someone pls clarify the same i.e if a company would apply for my petition now (Dec 2015), would I still be cap exempt?

    Does anyone know of any successful cases such as mine? Any help would be highly appreciated. Thanks.

  • #2
    You have to go through a brand new CAP. The CAP that you secured in 2008 has already expired since it will be valid only for 6 years.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      I am facing the same problem