UnUsed and Never Stamped I-797 Petition - Out of Cap

[muralee]

Hi All - My petition I-797 petition got expired on 2011 which is more than 6 years from validity. The petition is never stamped and used. I believe this is valid to process again as Out of cap.

But need to know how to prove this is valid to my employer.

Please help me to whom I need to contact(Any USCIS customer care Email or attorney).

Thanks in Advance

[scientist2016]

Hi All - My petition I-797 petition got expired on 2011 which is more than 6 years from validity. The petition is never stamped and used. I believe this is valid to process again as Out of cap.

But need to know how to prove this is valid to my employer.

Please help me to whom I need to contact(Any USCIS customer care Email or attorney).

Thanks in Advance

It does not matter whether it was used or not, if it is beyond 6 yrs, it is useless. Since your I797 expired in 2011, which is beyond 6 yrs., and hence useless.

[muralee]

But I know some of my friends got approved, whose petition expiration more than 6 years duration.

[scientist2016]

But I know some of my friends got approved, whose petition expiration more than 6 years duration.

It should be within 6 yrs. of either the petition date or the last use date (i.e., last day you were on H1), for it to be cap exempt. So, if your petition were from 2010, but you were in H1 until say 2012, you will be cap exempt, but if your petition was from 2011, and you never used it, you will not be cap exempt.

[muralee]

It should be within 6 yrs. of either the petition date or the last use date (i.e., last day you were on H1), for it to be cap exempt. So, if your petition were from 2010, but you were in H1 until say 2012, you will be cap exempt, but if your petition was from 2011, and you never used it, you will not be cap exempt.

No Sir, Some of my friends who never stamped petition and it was 6 years above from expiry date got approved again.

I mean Petition expired in 2009, got stamped again in 2017 which has a gap of more than 6 years.

[scientist2016]

No Sir, Some of my friends who never stamped petition and it was 6 years above from expiry date got approved again.

I mean Petition expired in 2009, got stamped again in 2017 which has a gap of more than 6 years.

Such a petition would not be cap exempt as per policy. But you can try your luck.

[muralee]

Such a petition would not be cap exempt as per policy. But you can try your luck.

Hi Sir, Thanks for the update.

But Kindly could you please provide me the link/URL where I can see the policy mentioned as, petition would not be cap exempt as per policy...

[libra14]

Hi All - My petition I-797 petition got expired on 2011 which is more than 6 years from validity. The petition is never stamped and used. I believe this is valid to process again as Out of cap.

But need to know how to prove this is valid to my employer.

Please help me to whom I need to contact(Any USCIS customer care Email or attorney).

Thanks in Advance

Could you please share, if you could use that petition under cap exempt.