Utilizing unused H1 petetion.

[rihdus]

I am currently on L1B visa in US. Will be completing 5 years(On L1B) in November 2014.

 

Had a H1 petition approved back in 2007(2008 cap).

Valid from 2007 October - August 2010. But never used it. Never went for stamping.

 

Now I approached a consultancy and they said the old petition can be utilized to apply a new H1 now. I was also told that they will apply new H1 and initiate the green card process as soon as possible and they told me that Labor certification will be completed with in one year.(As I have already stayed for 5 years on L1B, I have 1 year left now).

 

I have the following questions.

 

1) Is it really possible for the employer to apply a new H1 using a more than 6 year old approved petition.

 

2) If it is true. Till what time a new H1 can be applied using this old petition.

I am planning to go back to India, stay there for 1 Year and then utilize this H1 to get a new H1. Is this possible.

 

3) It is possible to get Labor completed with in one year, if they initiate Green card process.

 

Please suggest.

 

 

[rahul412]

 

1) Is it really possible for the employer to apply a new H1 using a more than 6 year old approved petition.

 

2) If it is true. Till what time a new H1 can be applied using this old petition.

I am planning to go back to India, stay there for 1 Year and then utilize this H1 to get a new H1. Is this possible.

 

3) It is possible to get Labor completed with in one year, if they initiate Green card process.

1. I think that's possible

2.If you stay outside the US for one year then you are eligible for fresh 6 yrs of H1

3. Yes.