Non cap H1B filing using old H1B petition number

[ptnaidu]

Hello Sir,

I have below question, can you please answer?

My wife had old H1B approved in 2006 and it was valid till 30 Sept 2009. Stamping was done, But, this was never used.

Now, my wife is in India having H4 Visa.


Can you please let me know if we can use this number for filing again on non cap? Old petition is attached for your reference.


If we can apply for non cap H1B using this old petition, can we apply for it while she is in India? Or can apply only when she is in USA on H4?

Eagerly we are waiting for reply as we got answers differently from different people. Some say we can apply with on 6 years only. Thank you for your help in this regard.

Thanks, Naidu

[raghvi]

Hello Sir,

I have below question, can you please answer?

My wife had old H1B approved in 2006 and it was valid till 30 Sept 2009. Stamping was done, But, this was never used.

Now, my wife is in India having H4 Visa.


Can you please let me know if we can use this number for filing again on non cap? Old petition is attached for your reference.


If we can apply for non cap H1B using this old petition, can we apply for it while she is in India? Or can apply only when she is in USA on H4?

Eagerly we are waiting for reply as we got answers differently from different people. Some say we can apply with on 6 years only. Thank you for your help in this regard.

Thanks, Naidu

I am also of the opinion that H1 remains cap exempt only from 6 Years from the counted year. So if your Spouse was cap counted in 2006 it is already been over 6 Years. I would suggest you seek an expert attorney's opinion rather than listening to hearsay.

This is my opinion not legal advice.