Expired and Unused H1B

nmjoth

New Member
Hello All,

I had an H1b approval in 2007 and got it stamped. It was valid till 2010 (3 years). Well, I never used it and never traveled to US. And I almost forgot it and thought that the H1B is of no more use.

However, it seems that within 6 years (i.e until 2013) I can file for a new H1B using my previous approval (I797) under a "CAP-Exempt" i.e. outside the 65K limit and I need not wait for 1st April to apply and 1st October to start working. Is this rule correct?
It would be very helpful if someone can provide your inputs in this case.

Thanks in advance
Jo
 
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