I am an Indian. My H1 B got selected in the lottery in the year 2014. I have resigned from the company who has filed my H1B and never travelled to USA so far. I have received a I797-B form from my previous employer. The petition validity from 01/10/2014 to 01/10/2016. Can I use this H1 B as a a cap exempt by finding a new employer who can do H1 transfer from me from india. It yes how long I can be cap exempt.

Question

Hi,

I am an Indian. My H1 B got selected in the lottery in the year 2014. I have resigned from the company who has filed my H1B and never travelled to USA so far. I have received a I797-B form from my previous employer. The petition validity from 01/10/2014 to 01/10/2016.  Can I use this H1 B as a a cap exempt by finding a new employer who can do H1 transfer from me from india. It yes how long I can be cap exempt.

A repsonse is much appreciated.

Thanks and regards,

Rakesh Chaturvedi

Answer 1

Read this Article for more information

http://h1bsupport.com/blog/33/how-to-use-cap-exempt-h1b-with-faqs

Comments

Hi Dan,

 Still I would like to know that if in case if I I have not used my H1 B from the last 6 Years, then that H1B can still be used under cap exempt.

For Example:-
Since my H1 B was filed in 2014 and my petition was approved from 01-Oct-2014 to 01-Oct-2016, suppose I have not used this H1 B till 2020. And I would like to use this H1 B in 2021, still I can use it or not provided I have not used any time of my 6 years stay in USA.

Would like to know, any response is much appreciated.

Please let me know for any updates.

Thanks and Regards,

Rakesh Chaturvedi