Reusing 7 year old H1B


vinu.v

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Hi,


I got an H1B visa through the annual cap in Oct 2009. I worked only for around 2.5 years on this H1B Visa, with May 2012 being the last month on H1B. Later I converted to H4 Visa and have been staying in the US on H4 Visa. I am now planning to get back on H1B Visa.

I would like to know if I can file an H4 to H1B change of status using my old H1B without going through the H1B cap again.  Checked with two attorneys and one suggested this is valid and other suggested that any H1B that is not used in the last 6 years is cannot be used anymore.

Thanks,
VV

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