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I had approved H1B petition but never went for Stamping.

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  • I had approved H1B petition but never went for Stamping.

    I had approved H1B petition but never went for Stamping. My employer got approved H1B petition for me in 2005. It is expired in 2008.

    I work for another company now. I want to go for new H1B through third company. As I already got approved H1B petition in past (which is expired now), do I still need to go through new CAP/Quota ?

    Can this Third company file for new H1B petition with immediate start date?

  • #2
    Only the petitions filed in the last 6 years can be used for cap-exemption. It will not work for you.
    This is my opinion and not legal advice.

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