I129 Status under initial review

[DJoshi]

Hello All,

I was in the US on L1 from 2002 to 2005, in 2006 after coming back to India, I applied for H1B and during the interview process the officer in Chennai Embassy asked for additional documents to be submitted at VFS office, which I promptly did.

I registered online at USCIS to receive update if any but there was none and I gave up hope and stopped tracking it and also stopped contacting my employer.

I have job opening in the US but the employer does not sponsor H1B, so thought of checking my status and it still shows under Initial review. I dropped across email message to my employer just in case they received anything but no response from them either and the phone number that I had does not work also USCIS helpline will not provide any update when contacted and informed only employer can seek more information.

I would like to take your thoughts on my case.
- Whether the petition is expired and i should start afresh in which case quota is up.
- Or there can be something done with my old application.

Thanking you in advance and your valuable feedback is much appreciated.

Thanks.
Djoshi.

[shervin143]

- Whether the petition is expired and i should start afresh in which case quota is up.
>>> Ofcourse the petition would have got expired. No petition will remain valid for 6 years. You have to wait until next April to file a new H1B petition with the employment start date of Oct 1st.

- Or there can be something done with my old application.
>>> There is nothing you can do. Wait for the new CAP to open in 2013. The CAP from a petition is valid only for 6 years and it is too late in your case.

[DJoshi]

Thank you for your inputs.