Is mine a H1B cap excempted case?

Question

Hi,

I had an H1B  approved on 3rd Feb 2009 and vaild till 13 sep 2011.

I didn't travel to United States on the mentioned H1 visa and later in sep 2011,My employer requested to cancel  the same.

This year my employer applied H1B for me again with cap except.As i didn't  travel with my last approved Visa and the same got cancelled,Shall i go ahed as cap excempted this year?

Nevil

Answer 1

As per my understanding, one could use their approved H1B petition for cap-exempt filing within 6 years of approval. Hence I believe you are eligible for cap-exempt filing.