H1B Petition expired in 2011 and want to apply for new one

Hi,

Greetings!!!

I have done my masters in US and graduated in 2007. I applied for H1B and my petition got approved in October 2008 and was valid until August 2011. But I came to India in April 2009 and went for stamping in June 2009 where I was issued a 221g and it went unresolved and case was closed. I was in India from April 2009.

Now I am planning to move ahead with new H1B petition with another employer. So, do I need to wait for April 2013 for the quota to open or will my case be still considered as CAP exemption.

Thanks a lot for your help.

Thanks & Regards,

Suman

As far as I know, you can only use it within one year of the Expiry and not beyond that. In your case, you could have filed under exempt case only before Aug 2012.

You are eligible for cap-exempt petition as long as the petition was approved in past 6 years. So you can skip the cap and go for cap-exempt route. You will need approval notice of previous H-1 petition (or at least the receipt number) and any other payslips and W-2s for your period of stay and work in US on H-1.

Thanks a lot Saurabh for your quick reply. Much appreciated.