H1b Cap Exemption


New Member

Friend of mine worked in USA on a H1B from 1998 to 1999.
Then came back to India.

Then again he had a H1B processed - valid between 2006 and 2009. Got it stamped on the passport. But did not use the visa and go to USA.

Is he cap exempt now?

Appreciate the feedback.

Amit Garg

New Member
my case is also somewhat similar.
I got my first and only H1B stamped in Apr 2008, which expired on 2011. And I did not make any travel on that visa.
Now I am reconsidering my options, and a friend told me that your employer can file your visa under non cap.
But none of the employers are sure of my case and are hesitating to take up my case.

Am I cap exempt now?

slv777, plz keep posting ur finding also..


New Member
Hi Amit,
For the same question in murthy's the answer given was that h1 cap exemption can be applied in the case of my friend (cited above).


New Member
Hi, my case is also somewhat similar

In 2014, I was working with employer "A" on L2 EAD and the employer filed H1B petition in April-2014 and I got approval notice in May-2014 but due to some family reasons I have to go back to India and is working for the same employer in India since then. My approved h1b petition with the same employer "A" is valid till Aug-2017 and my h1b visa is stamped in Dec-2016 for the same employer "A". Even after visa stamping I have not traveled to USA as my employer does not have any opportunity there.

My questions are:

1. Since I have not traveled to USA on my H1b visa ever, does that mean I have not granted status as an H1B Non-immigrant?

2. If I resign from my company and come to USA on H4 (my spouse is currently in USA on h1b) and find another employer "B" and he is ready to file a new h1b petition for me then will that petition come under cap exempt or I have go through lottery again?

3. Do I need to work for employer "A" in USA in order to file new H1B "Cap Exempt" petition with employer "B"?