Query about new H1 filing

[JN230]

Hi,

Iam currently on H4 and was working on L1 visa till 2011.I have an expired I-797,H1 petition which was valid between 2009 and 2012 but never used.Can i file for an H1 outside of the quota,citing my expired petition or do i need to wait until next april to file a new H1.Iam currently looking for consultancies who can file my H1 and get me a job but they are not sure about the expired I -797 and its impact on new H1 filing.Please clarify.

Thanks

[kabkaba]

An employer can file a cap-exempt petition for you if the total time spent in the US in H1+L1 status is not more than 6 years. You cannot begin working before the petition gets approved with change of status.