H1b lottery cleared in 2008 but filing in 2013

Dear readers,

I had applied for H1B through a company in April 2008 and was shortlisted for filing in the lottery system that year. For some reasons, I chose to not come to USA and instead went to another country. So did not follow up after I was informed about my shortlisting.

But this year, I want to try and come to USA for good. And I have some contacts in that company who can help me reach out to the HR and hiring managers there.

  1. can I apply on basis of 2008 shortlist in lottery? I did not involve in any paperwork after I came to know i had been shortlisted through lottery, nor did the company convey to me if it had done any other procedure other than filing my papers in april.

  2. do i have to go through the same company this year, in case i am considered in the quota of 2008?

  3. what would be the procedure now for filing my usa h1b this year?

  4. on many job sites, i see companies stating they require candidates with valid h1b as well as expired h1b. would my case fit in there?

I have never been to USA, before or after the lottery shortlist, so have very minimal idea on this.

Would i have to start afresh, as good as I never had applied before for h1b?

Appreciate any informative and useful replies from the kind readers and moderators.

Thank You.

  1. Do you know if your petition was approved in 2008 or not? If it was approved and you know the receipt number (or can get a copy of the approved petition), then you will become eligible for cap-exempt petition. If not, you will have to go through the cap again in April 2013.

  2. You can go through any employer. Again, if cap-exempt they can file anytime during the year; else they will have to file when the next cap opens.

  3. Refer to the articles on the main blog. Step-by-step process has been mentioned there.

  4. First you need to find out if your petition was approved and if you can get hold of the approval notice or the receipt number.

Thank you Saurabh.

Yes my application was accepted.
Current status on USCIS website is shown as Post Decision Activity.
Also, I see this on the website:

OMB control no.
Expiration date 6-30-2012

I don’t know what to make out of this. Any comments please?


If it is in PDA then it should be approved. You can approach another employer w/ this receipt number and ask them to file cap-exempt petition for you. You don’t need to go through the cap/lottery again, and the new petition can be filed anytime during the year.

Any comments about the OMB Control No. and Expiration Date? What do these two signify?

OMB = Office of Management and Budget
Expiration date will be the expiration date of the OMB.

They do not impact your H-1 petition and it’s validity.

Can the old employer provide you a copy of the approval? If not, file FOIA w/ USCIS to get a copy of that approval notice. Else, the new employer can use the receipt number and go the cap-exempt route.

Many thanks Saurabh. You have my gratitude…