H1 B Visa - Not used in past

[krk42]

Hi Attorney,

I am working on L1 from Aug 2009 for Employer A. My H1B visa has approved on Dec 2009 through Employer B and had validity till Dec 2010. But, I didnt use the visa so it has expired last year.

My question: I would like to apply H1B, Do I need to apply for my new H1 in the 2011 cap?

(or)

I can request my H1 employer B to activate my 2009 H1B.

What are the steps need to take on my scenario?

Thanks in advance.

Ramesh

[livliv]

Any employer can file a cap-exempt petition for you at any time, with immediate start date request as long as your total time spent in the US in H1 or L1 status does not exceed 6 years.