Can I use the expired 2008 H1B petition (approved never stamped)?


	Business VISA (B1) stamped (Applied by [b]Employer – A[/b])

	 H1B petition approval received in June -2008  from [b]EMPLOYER – B [/b]but never went for VISA stamping.

	Traveled multiple times on Business VISA (B1) for [b]EMPLOYER - C[/b] between Nov 2010 to Jun 2012.


My petition which was approved in 2008 is still valid in 2013? I don’t have approved I-797 to know the validity of approved petition.

If petition is still valid, please suggest best option to get H1B stamping from INDIA or change of status to H1B from USA.

[b]Option -1 (INDIA VISA STAMPING)[/b]

Can I appear for VISA stamping from new EMPLOYER by transferring my approved petition OR I need to get visa stamping from same employer who filed my H1B petition ?

[b]Option -2 (USA CHANGE OF STATUS)[/b]

I can travel on H4 VISA (to be stamped) then apply for Change Of Status (COS) from H4 to H1 based on 2008 approved petition on cap exempt. Is it possible ?

Can someone please reply to my query…thanks in advance

H1B petition that was approved in 2008 won’t be valid in 2013 as the maximum validity approved on a petition would be 3 years. And thus using that petition for VISA stamping is not possible.

Option 1: Whether same employer or a new employer, a new petition has to be filed for you. This can be done as a cap-exempt case citing your previously approved petition. You could use that new petition's approval notice for VISA stamping.

Option 2: Since the 2008 petition is of no use now, you can't do a COS in US as well. You could travel to US on H4 and then go for H1B filing along with COS and that might work. However, if USCIS insist on consular processing, you might have to go back and get H1B VISA stamped from your home country.

Thanks Sujith…