2008 approved petition, Never-stamped, company closed, new firm ready to use in 2015

[mail2sashi]

Hi,

Good Morning all. i have a question for my H1B approval. can someone help me.

i applied for H1B in 2008 from A company and got approval. in 2009 my current company that time B sent me on L1B, so i never went for H1B stamping. now my L1B is expired last year and from 2009 i spent 2.5 years on L1B and i'm in India from 2012 august. now my company B wants to send me US and i told them i have approved H1B in 2008. can i use it from company B if they want to use it? USCIS site is showing only they approved and sent the I-129.
on approval notice the expiry date is somewhere in 2011. but i never went for H1B stamping in these years.

Thank you,

[shervin143]

Your employer will need to file another H1B petition for you and when that gets approved you can attend the visa interview. Previous petition would have expired and that cannot be used to get the visa stamped.

[mail2sashi]

Thanks Shervin. i'm trying to confirm with USCIS about CAP exempt as suggested by my company's visa dept. is there any way i can post my query to USCIS or should i reach attorney?

Thanks.

[shervin143]

You won't get any response from USCIS. You will need to consult an immigration attorney.

Thanks Shervin. i'm trying to confirm with USCIS about CAP exempt as suggested by my company's visa dept. is there any way i can post my query to USCIS or should i reach attorney?

Thanks.