gsamerica Posted June 26, 2015 Report Posted June 26, 2015 The situation is my H1B visa was approved in 2008 then immediately converted to H4 (never used H1B) with depended of my spouse. Now I would want go for work to utilize my old H1 visa. Can I apply my H1B with cap exempt? Your suggestions is more valuable for me, Please adivce.
livliv Posted June 26, 2015 Report Posted June 26, 2015 In principle, yes it may be used. But USCIS only considers petitions within the last 6 years. There is also an opinion that USCIS will actually not allow cap-exempt petition in case the previous H1B has never been used. So one cannot say for sure. Best option is to consult an experienced immigration attorney.
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