H1B approved on 2008 and Never used so far, Shall use it now?


gsamerica

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The situation is my H1B visa was approved in 2008 then immediately converted to H4 (never used H1B) with depended of my spouse. Now I would want go for work to utilize my old H1 visa. Can I apply my H1B with cap exempt? Your suggestions is more valuable for me, Please adivce.

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In principle, yes it may be used. But USCIS only considers petitions within the last 6 years. There is also an opinion that USCIS will actually not allow cap-exempt petition in case the previous H1B has never been used. So one cannot say for sure. Best option is to consult an experienced immigration attorney.

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