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Unused Expired H1B Visa

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  • Unused Expired H1B Visa

    I was on a H1B visa in the US from Feb-05 to Mar-11 and am doing my 1 year out of the US in India presently.

    In 2000 and 2001, I recieved 2 H1B approvals which I NEVER USED (one I went for stamping, but never travelled to the US used that stamping). If I find an Employer who is willing to hire me, can I use any of the above 2 H1B visas and claim “Exemption from CAP”. When I checked they have said it is not possible. However one of my friends who was on a L1-B in the US, in 2008 got transferred to a H1B visa (Unused and Expired which he got in 1999). He said he got the same done by appealing for exemption from CAP. In my case can I do the same OR should I have to apply under the 2013 H1B quota.

    I have checked around and they have said it is not possible. I would like to know what rule was applied to my friend who was able to get the same. Thanks

  • #2
    A H1B CAP is valid only for 6 years. The CAP that was associated with the 2000/2001 petition will not be valid anymore. Moreover, since you have completed 6 years in U.S, you are not eligible to enter U.S in h1B or L1 status until you spend 1 year outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.