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Unused approved H1B petition (I-797) expired. cap exempt H1B category this year ?

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  • Unused approved H1B petition (I-797) expired. cap exempt H1B category this year ?

    Hi

    Could you please check my case and suggest if I can go through the cap exempt H1B category this year?

    1. Through one of an american LLC 'X' I had got my H1B petition approved in 2007 May valid through 2011 while in India.
    2. I traveled to US in July 2007 on an L1B from my employer 'Y' in India and stayed in the US unil May'2011 and returned back to India.
    3. My H1B approved petition with I-797 got expired in Sepetember 2010.

    Since I have never used my approved H1B petition in US for work, can I go through the cap exempt H1B category this year?

    Since I have got different views on this, am unable to decide. Please advice.
    Thanks a lot !

    regards

  • #2
    Any good souls with some idea and suggestions out there?

    Any good souls with some idea and suggestions out there?

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