isit possible to use my expired h1b case(not stamped) to other company


my question:

  1. my h1b case got expired after approval on feb2013 so is it possible any way to extend . if so what is the process from my side

2, if yes … isit possible to use my old case no to other company… without my current company knowledge , as my current company not showing interest to go for stamping due to some internal politices,

really im n confuse now… approciate your quick reply…



  1. Your employer will have to file for extension. You should talk to them about it.

  2. The new employer will have to file a cap-exempt petition (aka H-1 transfer) for you. You can provide them copy of the approval notice, and they can file the new petition for you. Once approved, you can appear for stamping using new employer’s documents.

thanks for your quick response…

. i didn’t have any approval documents … just i got a mail from uscis … as i had registered personally using my case no … that also not much more detaily…
as i said above , my company not showing any interest due to some internal politics…
what is the possibility to use my old case no to other company without our current company knowledge…to transfer or extend …

what i have to do in this situation… please advice me.


Find a new employer and provide them your receipt number. They should be able to file a cap-exempt petition for you using the receipt number. USCIS is the custodian of all receipts, so they already know whether the petition was approved or not and can look it up in their system.

thanks for your update…still you are saying that search some empoloyee … how can i search without any document… just have approved receipt no only…

isit possible to withdraw my approved h1b by our current empolyee… if so what they will give. for withdraw… beacuase they had applied for me… so they can do any right if i search someother employee…

please advice me


What document do you need to search another employer? You don’t need any document to search for employer. Yes, the new employer can ask for proof of approval when they plan to file H-1 for you. At that time, you can talk to their attorney and provide them the receipt number which shows your online status as approved. They can then file the new petition for you using the receipt number. This petition goes to USCIS who already know about your previous approval as that also came from USCIS. So it is ok not to have the actual approval notice in hand (although some employers prefer to see that before spending dollars on your filing).

The current employer can write to USCIS to withdraw your approved petition. However, that doesn’t changes the fact that you have already been counted in the cap. So another employer can still file for cap-exempt petition for you.