# H1b expired, query on H1b cap exempt ?



## manu555 (Apr 27, 2013)

Hi,

I have an expired H1B petition I797, validity date was from sep 2007 till Oct 2010. I stayed in the USA for 6 months Jan 2008 till July 2008, came back from the US in July 31st 2008. Now my query is can I apply in H1b cap exempt as I have not used all my 6 years of my previous H1b period.

My query is :confused2:some are saying, 6 years of H1b validity count will start on Sep 2007 so it will end in Sep 2013 (previous i797 ).....and few are saying.....as the petition was used/given for 3 years only, I can still use the unused 3 years of my expired petition validity with a new H1b cap exempt with a blanket/normal petition ...without applying for a new H1b for fy2016 lottery process and all. :fingerscrossed:

Can any experts please advise. I really appreciate your help. I am not able to get the right information on this issue, asked many of my friends who have never faced this situation. My previous employer is not reachable. Thanks for reading. Please let me know if you need any more details. BTW my visa expiry and the I797 petition expiry were the same date :eyebrows:

Thank You
Manu


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## twostep (Apr 3, 2008)

H1b is tied to a specific job. You left the U.S. in 2008.


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## Sankar (Aug 7, 2012)

Did you get your question answered?

Cheers...!



manu555 said:


> Hi,
> 
> I have an expired H1B petition I797, validity date was from sep 2007 till Oct 2010. I stayed in the USA for 6 months Jan 2008 till July 2008, came back from the US in July 31st 2008. Now my query is can I apply in H1b cap exempt as I have not used all my 6 years of my previous H1b period.
> 
> ...


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## Bevdeforges (Nov 16, 2007)

Actually, yes, the question was answered. The visa expired (quite some time ago). That means it's no good any more - whether they "used up" the visa period or not. 
Cheers,
Bev


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## Sankar (Aug 7, 2012)

That's not quite correct. He can apply under H1B cap exempt. I am in the same situation and applied under H1B cap exempt. Waiting for outcome. He can check with good attorney.



Bevdeforges said:


> Actually, yes, the question was answered. The visa expired (quite some time ago). That means it's no good any more - whether they "used up" the visa period or not.
> Cheers,
> Bev


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## hari05 (Oct 10, 2015)

guys

need your valuable suggestion in my case.

my Visa petition was approved under cap exempt for client A and im going to get stamping next week. Meanwhile, the opportunity with client A is no more available(thanks to the new amendment processing which took me 3 months). My employer is asking me to travel to USA on the stamped H1b Visa after submitting a new amendment petition (which they will file after I get stamping) once i get an acknowledgement. Now, my question is, will I be able to travel to USA for client B with just an acknowledgement of the amendment petition filed given th efact that the visa was stamped for Client A under cap exempt. Is this normal ? Please help me.


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## debdeeps (Apr 22, 2018)

I got my H1B petition approved on 18/Oct/2016 but never applied for Visa or went to US after that. Recently my visa got expired on 17/Oct/2017. My question is can my company can apply for Cap Exempt Petition for me?


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## tskaarthick (Jan 17, 2014)

Yes, you can apply as Cap Exempt.

The six year period will be calculated based on the number of days that the beneficiary was physically present in US. Cap exempt can be used until this year period ends after which you need to stay out of US for 365 days post which you can apply for a new visa.


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