Expired - Unused H1b - no petition paper

[himaverick]

Hi members,

I got my H1B visa approved and stamped in 2011 Feb. But I left the firm A to pursue MBA in june 2011 and have never traveled to US. Subsequently, the visa expired in feb 2012.

Now can a new employer file a new H1B petition under cap exempt quota. Also I don't have any document apart from the VISA stamped in my passport and my peition number.

[pontevecchio]

YES.

[himaverick]

Thanks for the confirmation. I have only the receipt number and dont have the copy of the approved petition. Will it be sufficient enough for the new petition?

[pontevecchio]

Though more difficult the PIMS system and the Lawyer should be able to have a chance of proving you were capped.

[0407]

File an FOIA (form G639). You will get the proof of approval