Previously expired H1B Visa Renewal after H1B Cap Quota completed

Dear All,

I had a H1b visa which got expired on last year,2012.Now I am planning to go for a fresh H1B-Cap for FY 2013-2014.My questions are -

i) Would the newly applied H1B Cap for FY 2013-2014 be considered under Cap Excemption?

ii) If I apply for a fresh H1B does my old petition become invalid? I mean - can it be renewed in case I do not receive any visa from the newly applied H1B cap for 2013-2014.

Any response on these queries will be highly appreciated.Thanks a lot in advance.

  1. As you already had a H1b approved before, yes you are cap exempt.

  2. The one you are applying now is more sort of renewing it. Nothing can be done with an expired visa. Again It all depends on the one that you are applying now.

Thanks a ton , ramanan256.

Also my concern is - As my employer is going to file for FY 2013-2014 do they need to mention separately in the application that I had an approved visa previously.In case they don’t do that - will USCIS take my application as a regular application (Under CAP)? If that is the case I need to update my employer they should not miss this point.

Will really appreciate if you address this query.Thanks again.

The employer has to file I-129 application. In the document, there is an option to mention whether it’s a new petition, or extension of same petition, or change of employment. They will have to select the 3rd one and this way you will not be subject to the annual cap. The employer can then have the petition filed anytime during the year, and will become active even prior to Oct 1.