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NonUtilized and expired H1B visa in2010 Oct,can it be reapplied under noncap for2013

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  • NonUtilized and expired H1B visa in2010 Oct,can it be reapplied under noncap for2013

    Hi Experts,

    Background:
    I need your help to understand the scenario with my H1 B visa.

    H1B cap petition was approved for me in 2007 for a client X with expiry on 28 Oct 2010.

    I never travelled to US after I got stamping my Visa in 2008, oct.


    Please can you help me to understand the below queries:

    1. Can my H1 be reapplied for FY2013 under cap exempt/non cap. If yes, when would I be eligible to go to US (anytime or only after October 1 2013)

    2. If I leave my current employer , can my new employer apply for H1B under cap exempt/non cap using the old petition details. If yes, what documents will my new employer need to do so (EAC receipt number for original petition, or EAC number for amendment or I-797 notice etc.. do I need all of them or only one?)

    3. If answer to query 2 is yes, till when can my new employer use my old petition and file a new H1b cap exempt/non cap for me.

    Thanks a lot in advance for your help.

    RavinderReddy

  • #2
    Can someone reply on this... I am also on the same issue

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