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Can I file for H1B under Cap Exemption?

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  • Can I file for H1B under Cap Exemption?

    I had got my I797 petition approved in 2008 and it was valid till 2011. I had got the visa stamping done too and was valid till Sep 2009. But I did not travel to US then.
    Now, will I be able to file for H1B under cap exemption since the petition expiry date(2011) is within the 6 year limit? Or should I get H1B filed under this year's quota? Please provide your inputs. Thanks.

  • #2
    Originally posted by satish0610 View Post
    I had got my I797 petition approved in 2008 and it was valid till 2011. I had got the visa stamping done too and was valid till Sep 2009. But I did not travel to US then.
    Now, will I be able to file for H1B under cap exemption since the petition expiry date(2011) is within the 6 year limit? Or should I get H1B filed under this year's quota? Please provide your inputs. Thanks.
    2008 was more than 6 Years back, I dont think you are cap exempt. The 6 Years is calculated from the initial cap counted year not from the petition end date.

    This is my opinion not legal advice.

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