H1B approved in 2008 but never used

[kinnu1234]

Hi all,

I have a H1B approved in 2008 but never used it and was in US on L1 visa so that my wife can work. Now my L1 is about to expire and I would like apply for H1, can I take my old petition or should I go for a new one? I remember reading somewhere that we don't need to go under lottery if we have an approved petition within last 6 years? Please let me know if this is accurate? I would be even completing 6 years by next month.

Thanks for your help

[kinnu1234]

H1B approved in 2008 but never used

Any thoughts on this?

[raghvi]

Any thoughts on this?

In my opinion you have time till 2014 to try to renew the petition, the rule book seems to say within 6 Years of being cap counted OR within 6 Years of last held H1 status.

This is my opinion not legal advice.