Having unused Valid H1-B petition - What are the chances of utilizing it.

USA H1B Visa
1

Hello, I am having the valid H1-B petition (approved in oct-2010) and having validity till October 2013. This was originally processed for location Atlanta, GA by company X.

I have not appeared for visa stamping since then. If i want to come USA on this petition, what are the chances.

  1. Can i go for stamping with same petition, and new job offer ?

  2. Is it possible to go with other employer, if previous employer X is not ready.

  3. Is there any amendment or re-filing is required ?? (As this petition is 2.5 yrs old)

Appreciate your detailed response.

2

A new employer can file a cap exempt petition for you based on your previous approval (new petition , new visa etc …only diff is this is cap exempt , but the entire process is same as a regular h1)

3

Even though its still valid, you cannot use the same petition for a new employment. if same employer has a position in the US , you could use it and go for stamping.

For a new employer , you would need to get a new petition filed which would be cap exempt.