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Regarding old H1B petition

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  • Regarding old H1B petition

    I have a H1B pettition which I got in year 2007 and the validity is till 2010.One of my friend told me, I can use this petition to get H1B visa now as it is valid for 6 years from the date of expiry and this does not come under the quota for 2015.I only have the petition and visa was not stamped.

  • #2
    Visa is different from petition. You cannot get a visa based on an expired petition. However, the CAP on your previous H1B approval notice is valid for 6 years. Which means, any U.S employer can file a new H1B petition using the CAP from your old petition and they do not need to wait for the CAP to open (the CAP is already closed for this fiscal year and will open only on April 1st next year). Once that petition gets approved, you can go for visa stamping using that petition and enter U.S to work.
    Not a legal advice. Use of this information is strictly at your own risk.