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Expired H1B Visa (Transfer for New H1b Visa Cap)

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  • Expired H1B Visa (Transfer for New H1b Visa Cap)

    Hi Experts,

    Your input would be extremely helpful for me

    I had worked and stayed in US for nearly 3 years earlier on H1b Visa from 1998 Nov to 2001 Mid.

    I got my last H1b visa from an employer (validity: 2001 to 2003) I havent utilized that H1b and returned back to India due to IT recession in 2001. Later after that I had worked for other companies in India and abroad and secured B1 Visa and had been to US for short period.
    My B1 is valid till 2017

    I have a company now who wants to transfer B1 visa to H1B visa using the OLD Petition number of H1b expired visa. Would it be possible for me to apply anytime of the year - without worrying about the H1b cap?

    I would like to know, if I'm eligible for the H1b cap exemption since I've not utilized the entire H1b visa period earlier & stayed outside US nearly 8 years?


    Please help.

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