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Unused I129 petition for H1b visa -- Can it be used to bypass H1B lottery?

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  • Unused I129 petition for H1b visa -- Can it be used to bypass H1B lottery?

    Hello Sir/Madam,

    I got an I129 petition for a NON IMMIGRANT worker, approved on September 9th 2008. Tracking it on the https://egov.uscis.gov/cris/Dashboard/CaseStatus.do website gives me a 'Post Decision Activity' message, and instructs my employer to follow instructions in the notice sent via email.

    My employer filed for Chapter 11 bankruptcy in 2010 and is no longer reachable. I got the petition selected via a H1B lottery in 2008. The petition remains unused as of date since I did not attend the H1B visa interview scheduled in 2008 (no show applicant). I have not got a H1B visa stamped on my passport till now.

    The only stamped, valid visa I have now is a B1/B2 multiple entry visa. It expires on September 2017.


    Questions:

    1. Is the I129 petition valid as of date?
    2. Can I use this petition to file a H1B with a different sponsor under the H1B cap exempt quota
    for the current year?
    3. What are the other options available to me to file a H1B visa for the current year 2014-2015?

    Please excuse me if a similar question has been posted on this forum by somebody else.

    Thanks and Warm Regards,
    Vijay S
    Last edited by Vijayendar; 04-28-2014, 03:57 AM.
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