Validity of old H1B?


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As most people are already aware that quota for year 2012 just finished this year. I was working for H1B visa for a company, before I changed jobs to move to another organization. Now, this new company filed my H1B visa and I do have the EAC number which says that it was approved on 12 Feb 2009.

I went back to India and did not carry copy of my I-797 filed by this new company, I worked there for 3 years before coming to US on H3 visa (training visa) for a company. Now, I learnt that H1B quota for this year has ended, I want to know is my old H1B visa valid? If yes, then, can I change without having copy of I-797 from the old company or will I need to retrieve it back from those guys because I believe that they have closed..

Second, if my old H1B visa has expired, what are the possible ways I can stay and find job or is the only way left is to apply for visa for the next year? Any ideas? Any suggestions?


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Generally, if an individual has been previously counted against the H1B cap without exhausting the full six years and has been abroad for more than one year (short visits to U.S. will not disrupt “year abroad” requirement), you may elect to either utilize your remaining H1B time with a petition that is not cap-subject, or file a new H1B Cap subject petition for a new six year period. If utilizing remaining H1B time from a previously approved cap-subject H1B, you will need to provide evidence of this prior approval such as a copy of the I-797 Approval Notice. To discuss this in more detail it is advisable to speak directly with a qualified U.S. immigration attorney.

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