H1 cap excemption

[Venkata Ganji]

Hello All
One of my friend had a H1B from 2007 - 2010(I797) but never traveled to USA on H1B. Is he eligible for cap exception?

Thanks
Venkat

[jnk]

Yes.

[shervin143]

Nope. H1B CAP is valid only for 6 years. That CAP would have long expired. Your friend cannot use that CAP to file a new CAP exempt H1B. He/she should go through a new CAP (quota) to get a new H1B approved.

[Venkata Ganji]

Thanks a lot for your reply.