My H1B petition was valid from 01-OCT-2007 to 27-SEP-2010. It got approved and I also got H1b stamped (never travelled on it though).
My question: "When we say cap-exempt FOR SIX YEARS". Do I count 6 years from 01-OCT-2007 OR 27-SEP-2010 in my case?. am I cap-excepe
Keeping in mind that it isn't "your H petition" but is the property of the company that filed and 'owns' the papers .. the fact that more than 6 years have passed and you never used the visa for travel, nor 'activated' it by having worked appears to make this a dead set of papers.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Since you have never actually held H-1B status within the last 6 years, you would be subject to the H-1B cap in the future.
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