I-797 validity for expired H1B


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My petition is valid from 10/01/2008 to 07/29/2011. I got my VISA stamped in February 2010 and I was in USA from April 2010 to October 2010.My H1B got expired on 07/29/2011.

I would like to file my H1B again. So do I have to apply for a new H1(will it be subjected to cap) or is it possible to use my old petition and apply for H1 (not subject to cap).

Also I'm not working with the employer who filed my petition. So, can I use the old petition with a new employer.

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One suggestion, stop using "I" when you are talking about H1b as its completly an employer responsibility. Yes you will not be subject to cap.

Ask your current employer to start a process, once process complete, you will be able to go for stamping.

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