Expired H1B petition


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Hi, I had a H1B petition in 2003 and it expire in 2005. I never used that petition to travel to US. Currently I'm in US in H4 visa can I use that expired petition for cap exempt and have my H1B filed right away . plz respond ASAP. Thank you

Yes, an employer can file a cap exempt H1B petition with COS from H4 to H1B and on approval you can start working for employer.

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