H1B petition Filed in 2008 and expired in 2011, can I file now with same ?

[suri16]

Hi,

I have H1B papers which was filed in the year 2008 and as per documents it is expired in 2011.

The employer who is filed, is not responding now.

Now i am interested for H1B, In this case how can I proceed, any idea please?

The paper will useful?

Regards,
Suresh

[raghvi]

Hi,

I have H1B papers which was filed in the year 2008 and as per documents it is expired in 2011.

The employer who is filed, is not responding now.

Now i am interested for H1B, In this case how can I proceed, any idea please?

The paper will useful?

Regards,
Suresh

When you say "H1B Papers" do you mean I797 approval notice?
There is no clear guidelines around the same. USCIS does say that if you were on H1 status in last 6 Years, or were cap counted in last 6 Years you can apply for the remainder time as cap exempt. Now if you were never in H1 status in last 6 Years and were cap counted in 2008 over 6 Years back , it might not be possible to file a cap exempt petition.

This is my opinion not legal advice.