Reuse of old h1-b petition


sammave

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Hi,

 

My h1b application was selected through lottery in year 2008 but I never joined that employer and did not contacted him for my I-797 of my h1b application since I was looking for graduate studies. I came to US for my masters and now working on my OPT. My new employer is wiling to file H1b for this year but I was wondering if I can use my old h1b. I don't have i-797 of my old h1b, can I still use that? If it is possible to use the old h1b which was filed in 2008 but never used, which option is recommended: going for new h1b or using the old h1b. Please provide your inputs. Thanks.

 

-sm

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Hi,

 

My h1b application was selected through lottery in year 2008 but I never joined that employer and did not contacted him for my I-797 of my h1b application since I was looking for graduate studies. I came to US for my masters and now working on my OPT. My new employer is wiling to file H1b for this year but I was wondering if I can use my old h1b. I don't have i-797 of my old h1b, can I still use that? If it is possible to use the old h1b which was filed in 2008 but never used, which option is recommended: going for new h1b or using the old h1b. Please provide your inputs. Thanks.

 

-sm

Yes, your employer can file a cap exempt H1B petition. You would need to file FOIA with USCIS to get documents of H1B petition that was filed and approved in 2008.

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