Filing new H1 for a lost petition

[Vijay_K]

Hello,
My employer lost my H1 petition which was approved in 2008. I believe it would have been valid till Sep 2011. Instead of requesting for a duplicate copy, my employer prefers to file a new H1 application.
Please advice if such application would be valid.

Thanks.

[shervin143]

Extension should be filed only 6 months in advance of the I-94 expiry date. When does H1B I-94 expire? Also, do you have a copy of your approved petition that was lost?

[Vijay_K]

Thanks for the reply. Sorry for the lack of clarity.
Petition was obtained but the Visa was never stamped (I am not in the US). So I do not have an I-94.
Neither my employer nor me have a copy of the petition.

Please advice.

[shervin143]

Well, if you don't have a copy of the approval notice, then it is hard to get a duplicate copy. At least the receipt number is required to apply for a duplicate.

The employer can also file a new petition.