H1B Re-Apply

I have been allotted H1B in 2006. Travelled to US for 2 months and came back to India. The petition got expired in 2008. The petition approval dates are 10/01/2005 till 09/30/2008.

Now planning to re-enter US for work. Can I use the old petition and re-apply for H1B so that once I get proper papers would get visa and work in US.

Please let me know what would be the procedure to re-apply the expired petition of 2008 and how should I proceed further.

Also, Let me know whether any company/consultancy could take up this case.


file a brand new petition and also u r not cap exempt any more since it has been more than 6 years now.

I have heard my friend that the cap exemption can be claimed till 8 years though the petition expires in 6 years…is that true?..any body any ideas?