Renew unused H1B

[kanan131]

Hello,

I had been issued an H1 in 2008 which expired in 2011. I moved back to India in 2009 and have now returned to USA on H4 visa. I wish to know that if I need to re-apply for a H1 visa, will I have to apply within the quota, i.e during April or can my unused past H1 visa be revived and used at any time?

[pontevecchio]

Your H1 cannot be revived. But you have been cap counted and are eligible for H1 sponsors to file a non cap H1 petition for you at any time.

[kumar4838]

Hi,

I'm in same case (having H1 in 2007 and expired in 2010). But I'm still in India. Am I eligible for H1 sponsors to file NON-CAP H1 Petition for me eventhough I'm in India.

Thanks

Kumar

[kumar4838]

Hi,

Do we have any USCIS release notes to refer when we apply HIB as non-cap H1 Petition.

Thanks

Kumar

[pontevecchio]

Since the employer files the H1 you should not be worried. If you are worried get a new employer.