H1 Expired ... Kindly suggest

[swap25]

Hi..

I have a approved H1 which I applied from India in 2008 and it has expired last year which I did not use it. Now I am in US on H4. Is there anyway I can use the expired H1? Please suggest me.
Looking forward for your reply.

Regards.

[kabkaba]

If you find a willing employer, they can file a cap-exempt petition for you at any time using the cap from the previous petition. The annual cap is open right now anyway, but the advantage of using previous cap is that you don't have to wait until Oct 1 to start working. However, you must wait until petition gets approved with change of status.

[swap25]

Thank You for your reply. Usually how much time does it take to get the petition approved along with change of status.

[kabkaba]

15 days in premium, 2 to 3 months in regular.