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I was in US on H1b in 2012 for a year. Later I came back for good and while re-stamping I got RFE but somehow my employer didnt filed any response and it was not cleared.

Now recently I came across below article that there is some clarification from USCIS in 2017 that we can use unused years (5yrs remaining) even after 6 yrs. and can apply in cap exempt.

Is this true and has anyone got the visa in similar condition?

 

https://redbus2us.com/apply-h1b-after-6-years-to-recapture-unused-time-uscis-rule/

 
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