Non cap H1B filing using old H1B petition number

Hello Sir,

My wife had H1B in Year 2006 and it was valid till Sept 2009. She got stamped but never travelled on H1B visa. Now she is having H4 Visa.

We have one question. Can we file for non cap H1b using her old H1B? We heard different answers on this like some people say we can apply within 6 years from approval date and some people say still we can use old H1B. Could you please clarify whether we can use old H1B or not?

If we can file for new H1B using old H1B petition number, Can we file for this when she is in India? Or will it be better we file when she is in USA?

Can you please clarify on my questions?

Eargarly waiting for resolution on this.

THank you for your HELP on this.


Naidu PT

As per my knowledge the approval notice is valid for 6 years, i.e untill 2012.

If you guys would have done one transfer before 2012 then that is valid until another 6 years ie. untill 2018.

So your petition is not valid and you have apply for fresh H1B with the Lottery involved. Good Luck.