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H1B Cap Exemption after 6 years

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  • H1B Cap Exemption after 6 years

    Dear All,

    I had an approved H1B Cap subject case which was valid from Oct 1, 2007 to Sept 19, 2010. I had the Visa stamped in my passport. But I did not use my H1B till now and i was never in USA.

    Does my H1B petition come under cap exemption if I am filing it with a different employer (H1B Transfer as Cap Exemption) ?.

    I read in forums that it can be tried even after 6 years from the date of Visa expiry date issued in the passport. Is it true?. Kindly share your opinion. Thank you.