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  • Expired H1

    Hi.

    I had an H1B in 2008 which got expired in Sept 2009 from Company A.

    I lost job in US and then came back to India. I got a Job with company B.

    Recently my L1 B was rejected and Company B says they would process my H1.

    Can I use the same expired H1b of Company A to get a new H1b from company B?

    Or do I need to apply once the H1B quota opens up?

    Thanks.
    Krishna

  • #2
    Your current employer can use the cap number from previous petition to file a cap-exempt petition with immediate start date for you. After petition approval you can apply for the Visa at a consulate and then travel to US.
    This is my opinion and not legal advice.

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