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Non Utilized and Expired H1B Visa, can it be reapplied under cap/ non cap for FY2013

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#1 Reddi



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Posted 04 March 2013 - 08:08 AM

Hi Experts/ Friends,

I need your help to understand the scenario with my H1 B visa.

H1B cap petition was approved for me in 2007, September for a client X with expiry on 28 Oct 2010.

I never travelled to US after I got Visa.

Please can you help me to understand the below queries:

1. Can my H1 be reapplied for FY2013 under cap exempt/non cap. If yes, when would I be eligible to go to US (anytime or only after October 1 2013)

2. If I leave my current employer , can my new employer apply for H1B under cap exempt/non cap using the old petition details. If yes, what documents will my new employer need to do so (EAC receipt number for original petition, or EAC number for amendment or I-797 notice etc.. do I need all of them or only one?)

3. If answer to query 2 is yes, till when can my new employer use my old petition and file a new H1b cap exempt/non cap for me.

Thanks a lot in advance for your help.

#2 yeldandi



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Posted 05 March 2013 - 03:00 AM

Hi Everyone, this is the same case with me. Even I got H1B petition approved in 2007 quota and got visa stamped in 2008.

So Am I eligible for renewal my visa with CAP excemption? If so, instead of renewal can I apply for h1b in 2013-14 quota?
Do I need to only apply with CAP in 2013-14 H1B quota?

Anybody, please clarify my doubts so that I can proceed further in right direction.

Thanks in advance.

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