I have unused and unstamped H1B petition that was filed in year 2008. This petition got expired on 25-Sep-2011. Can I use this petition for cap exemption now? If yes, what are the next steps? I don’t have contacts with the employer who originally filed petition in 2008. Request you to provide answer ASAP.
Usually it needs to be done within 6 years but USCIS approved few cases recently when this rule was relaxed. So find a new employer, discuss the case and convince them to file it for you. You would need copy of approval notice and other documents similar to what were Required during original filing.