Can I use Old Expired H1B visa (I-797) to get CAP exempt with a new petition?


AmitKalra

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Hi,
     I have a H1B visa stamped which was valid from till Nov 2007. I traveled to the US a couple of times but always on my B1/B2 visa for meetings n conferences. I have never entered US on the H1B status.
     Now I would like to take employment in the US and would like to know
1) Whether I can use the expired H1B visa to get a CAP exempt?
2) My previous employer is ready to hire me, in case I can get an extension on my H1B visa. Can I get an extension?
3) Can I apply for a job with another employer who can then file a new petition using my previous employer I-797 receipt?

thanks
Amit

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Hi,

     I have a H1B visa stamped which was valid from till Nov 2007. I traveled to the US a couple of times but always on my B1/B2 visa for meetings n conferences. I have never entered US on the H1B status.

     Now I would like to take employment in the US and would like to know

1) Whether I can use the expired H1B visa to get a CAP exempt?

2) My previous employer is ready to hire me, in case I can get an extension on my H1B visa. Can I get an extension?

3) Can I apply for a job with another employer who can then file a new petition using my previous employer I-797 receipt?

thanks

Amit

1. Yes, new employer can file a cap exempt H1B petition.

2. Yes, they can file. Getting an approval is based on documents.

3. Yes.

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