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H1B Petition Expired in 2014-Can I opt for Out of Cap?

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  • H1B Petition Expired in 2014-Can I opt for Out of Cap?

    Hi,

    I had a valid H1B Visa stamped in October 2008. I have not travelled to US anytime between 20080-2014. My visa/petition got expired in 2014. Could you please let me know if my employer can file for a H1B renewal or out of cap using the same petition. Please let me know the process.

  • #2
    H1B CAP is valid only for 6 years. The CAP on your H1B approval notice would have expired in 2014. You have to go through lottery again to get a brand new H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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