Expired H1B petition. Can it be reinstated?

[NeverStop]

Please help me.....

Summary of my case:

• Worked in US on L1B visas for 4.5 years between the period Dec 2005 to Dec 2010.
  
• Moved out of US in Dec 2010, and never returned back to US. Currently working in India.
  
• Have an approved H1B petition valid from 10/01/2008 to 09/26/2011. This petition was never used to work in US.
  

My Questions:

• Can the same H1B employer file(reinstate?) the H1B petition without being cap subject?
  
• Can any other employer file the H1B petition without being cap subject?
  
• What is the best way I can use the H1B petition (to work in US)?
  

[wiweq]

• Have an approved H1B petition valid from 10/01/2008 to 09/26/2011. This petition was never used to work in US.

=> Now I know the reasons of H1 lottery in 2007, 2008. Employers wanted to have H1bs with no jobs!

• Can the same H1B employer file(reinstate?) the H1B petition without being cap subject?

=> Yes.

• Can any other employer file the H1B petition without being cap subject?

=> Yes

• What is the best way I can use the H1B petition (to work in US)?

=> Either old or new, let the employer file an H1b for you, get stamping and get in.

[BigJoe5]

A new period of authorized stay may begin only when the alien has resided outside the United States for a period required by the classification, or when the alien qualifies for an exemption from limits on the maximum period of stay as discussed below.

I think you can get a full new period of stay after being outside the U.S. for a solid year. (Double check that.)

[wiweq]

alien :) , OP is a human.

[NeverStop]

Thanks, Wiweq for your answers. Those help.

[BigJoe5]

alien :) , OP is a human.

For immigration purposes:

INA Sec. 101. [8 U.S.C. 1101] Definitions.

(a) As used in this Act-

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(3) The term "alien" means any person not a citizen or national of the United States.