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Use of H1 expired petition

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  • Use of H1 expired petition

    Hi,
    My H1 petition which was filed in Apr 2011 got approved and was valid until 30 Sep 2012. But my company did not send me for visa stamping, so it got expired now.
    1) Now can I use this cap exempt quota under which my petition got approved to file my H1 again this Apr-May 2013? I will file this year H1 under different company (consultant) and not via my old company which filed my H1 in Apr 2011. Also I do not have soft/hard copy of my petition but having petition number and know that this was approved.
    If I can make use of this in any way, please let me know.
    2) So is it mandatory to file my H1 this year in Apr-May 2013 months or I can file at any time in the year since it was cap exempt earlier?
    3) Is premimum processing available for such cases?

    Pls guide, Thnaks.

  • #2
    Cap exempt petition can be filed at any time and premium processing is available.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Cap exempt petition can be filed at any time and premium processing is available.
      My worry is - I will file this year H1 under different employer (consultant) and not via my old company which filed my H1 in Apr 2011. Also I do not have soft/hard copy of my old/approved petition but having petition number and know that this was approved.
      So in this this scenario- -> I want to ask if I can avail cap exempt petition which can be filed at any time??

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      • #4
        can someone please guide in my scenario?

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        • #5
          Technically petition receipt number is sufficient. It is up to the new employer to decide if they are comfortable with using just that.
          This is my opinion and not legal advice.

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