Petition and visa expired, do I need to apply for new H1B petition?


I petition was approved from Oct’11 to Feb’13. Now my petition and visa both expired. I was in USA for 5 month and came back India on Dec’12. Since there was no onsite requirement so my employer didn’t file for extension.

My ques is - Since my visa and pitition got expired, so does it mean if any requirements comes my employer need to file new petition or the old petition will work. If old will work how much time it will take to get approve and when(which month,any timeline?) it can be intiated.

Thanks much!

You cannot enter USA with your expired visa. You can ask your employer to file an extension, which will not come under the quota and your employer can file it anytime.

You have to file a new H1B petition with cap exemption at any time. And also atach previous copy of expired petition.