H1B Approval Expired


yashu_sachdeva

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Hello Senior Members! I got H1b Approval from Company called "A" and it validity was 10/01/2008 to 09/01/2011. Now Another company Called "B" located in States is interested in filing H1b Petition.

Question : Does my case will be considered H1B Transfer and Do I am except from annual quota based upon last approval notice?

Question : Can anybody please tell me does the last approval notice helps in proving candidate credibility or helps in getting H1B next time with new employer?

I have never been to USA on H1B. I have been to States on only on B1.

Regards

Yashu

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You have two options:

1) Cap-exempt: Since you are already counted in 2008 which is less than 6 years ago, you can file out of the quota

2) Cap-subject: Since you never actually used it, you can file in FY 13 quota and get a fresh 6 yr petition.

Previous petition does not help in getting this petition approved.

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