Expired H1B thru Employer A need to extended thru Employer B

Dear Friends ,

I have H1B got stamped thru company A in September 2009 validity upto Jan 2011 . It got expired in Jan 2011 , I haven’t travelled . But staming done for myself and all dependents . Still I am with company A but they refused to extend it . I found one employer B who needs me .

Can I apply for a new H1B pitetion under Quota excemtion thru Emplyer B, as I have H1B Petiion approved in past 6 years and Stamping is available ? In this process how much time it will take to get the petition approved and to get stamping done?


  1. Yes you can get the new employer to file H1 petition under cap exempt rule.

  2. It will take the same time as a new H1 petition - 2-6 months in regular processing, 15 days in premium processing.