Expired H1B ,

[kohlimannu]

Hello Experts,

I would need help on my Wife's H1B status.
Here is the story;

1. She got her H1B Petition approved in 2008 and got passport stamped.
2. She never traveled to USA on this visa and her Visa got expired in 2011.
3. She resigned from the employer and employer kept the originals.
4. She does not have her approved petition copy.
5. She is here in USA on H4 Visa since 2013.
6. Her Petition Expired in 2014.


Query 1. Is it possible to reuse the Cap? Can employer file her H1B under the same cap?
Query 2. Can we renew the expired petition?

Thanks a lot in Advance.
Manoj

[shervin143]

Query 1. Is it possible to reuse the Cap? Can employer file her H1B under the same cap?
>>> No. H1B CAP is valid only for 6 years. To claim exempted from CAP, you need a copy of your previous H1B approval notice.

Query 2. Can we renew the expired petition?
>>> Nope. A transfer or extension can be filed. But it has to be within 6 years.

[kohlimannu]

Query 1. Is it possible to reuse the Cap? Can employer file her H1B under the same cap?
>>> No. H1B CAP is valid only for 6 years. To claim exempted from CAP, you need a copy of your previous H1B approval notice.

Query 2. Can we renew the expired petition?
>>> Nope. A transfer or extension can be filed. But it has to be within 6 years.

Thank You Shervin123 for your reply.

As you said "to claim exempted from CAP" does this mean we can file a fresh H1B petition and this does not require to go through the lottery? I do have Petition Receipt Number which is mentioned on the visa stamped on the passport. Can we use this Receipt number to claim CAP exempted?

[shervin143]

As you said "to claim exempted from CAP" does this mean we can file a fresh H1B petition and this does not require to go through the lottery?
>>> To be exempt from CAP (quota) - means you don't have to file the H1B under a brand new CAP starting April 1st with an employment start date of Oct 1st.

I do have Petition Receipt Number which is mentioned on the visa stamped on the passport. Can we use this Receipt number to claim CAP exempted?
>> Receipt numbers are sometimes accepted. The lawyer need to provide a strong letter to convince with receipt number. In most cases, they will ask for a copy of the previous H1B approval notice. There are cases where the transfer is successful with just the receipt number.

[kohlimannu]

As you said "to claim exempted from CAP" does this mean we can file a fresh H1B petition and this does not require to go through the lottery?
>>> To be exempt from CAP (quota) - means you don't have to file the H1B under a brand new CAP starting April 1st with an employment start date of Oct 1st.

I do have Petition Receipt Number which is mentioned on the visa stamped on the passport. Can we use this Receipt number to claim CAP exempted?
>> Receipt numbers are sometimes accepted. The lawyer need to provide a strong letter to convince with receipt number. In most cases, they will ask for a copy of the previous H1B approval notice. There are cases where the transfer is successful with just the receipt number.

Thank You so much shervin123 for the information.