H1B Approved Not Stamped

[Vinothkumar]

Hi,

My employer A filed H1B petition in 2009,without stamping it got expired.Now i moved from employer A to B.I am in INDIA.Never travelled to US.

My question is,
1) Is it possible to file the new petition with 2009 CAP by employer B now?
2) If it is possible ,can i able to work immediately?

3) My wife have H1B visa, if she file H4 for me then i can travel to US.
After getting H4 ,is it possible to use the 2009 CAP to file H1B petition in US.

Thanks in Advance.

Vinothkumar

[kabkaba]

Another employer can certainly file a cap-exempt petition for you with immediate start date.

Whether you have H4 Visa and whether you are in the US does not matter. If you are in the US while the petition is filed, it can include change of status.