Utilizing old unused H1. Never stamped.


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Currently I am in USA and working on L1B Visa and will be completeing 5 my years stay

(On L1B) by November 2014.

I have H1B petetion approved back in year 2007(For 2008 cap, valid from 2007 Oct till August 2010). It was never used. Never went for stamping for that H1.


Now I contacted a consultancy and they told me that this old petetion can be utilized to apply a

new H1 and will apply Green card asap and Labor certification will be completed with in 1 year.

(Completing 5 years this November, only 1 year left for completion of 6 years)


I have following questions.


1) Is it possible for a employer to apply a new H1 utilizing a 6 year old approved petetion.


2) If it is true, Till what time I can use this old petetion to apply a new H1. I am planning to go back to India, stay there for 1 year. Then utilize this petetion to get a new H1.


3) It it possible to complete the labor certification in 1 year, when they initiate Green card process.(have 1 year left as I already stayed in USA for 5 years)


Please suggest.

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1. It is a cap exempt H1B petition and you will get only one year.

2. Even if you stay in India for one year and use this H1B petition afterwards you will still get 1 year. To get fresh 6 years a new cap subject H1B petition has to be filed only after staying outside US for 365 days.

3. Nothing can be predicted.

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This petetion is actually now 7 years old. Got approval in 2007. And never used till now. I heard it cannot be used beyond six years of its approval.

Q: is it still valid now to utilize it to get a new H1B

Contact attorney in Murthy law firm as they have successful in getting H1B petitions approved after 6 years from initial approval date.

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