Use old (expired) H1B petition to use remainder time of 6 years

Hi, Here is my case

With Employer AH1B Application was filed and approved in April 2007 (first time H1 ever had lottery),H1B Stamped 26-SEPT-2007 with validity till 23-SEP-2010

H1B Petition (I-797) expiry date was 23-SEP-2010

I entered US on this H1B in Jan 2008 and returned back by July 2009 (18 months) 1.5 years

Now I came across an Employer B who has checked with his Law firm and he confirms that even though it has been more than 6 years since I was last in the US, but he can still use my old expired petition and file a new petition (also transfer it to himself in the process) and use the remaining 4.5 years.

I did my research and I told him, that the petition can be transferred only during the 6 years of the validity of the petition (in my case 23-SEP-2013) but he insists that he has in the past got H1B petitions re-filed and transferred of people who had an H1B but never used the petition, never got stamping done and never traveled to US. He was able to use their entire 6 years.

When I spoke to a few lawyers they confirmed it has been more than 6 years I was in the US last. If there was any chance, it would have been before Jul 2015 (6 years from July 2009 when I left the US)/Even then, they say you can definitely file the petition but there are very high chances of denial.

hence I wish to taken an opinion from the experts here if it is even possible to use the 4.5 years from the old petition and file a new one which is Cap exempt?

please let me know.


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I dont think in your case, you can use the old petition. I guess its a kind of game most of desi consultancies plays to take money.Don’t fell into that troop. Its not at all possible to use that petition for transfer or extensions.

Hi JathinB,

Thanks for your reply.
So I was able to find one employer, who checked with his immigration attorney.
His attorney said, it is a grey area and there are 50/50 chances of petition not being approved.

There is 50% chance it may get approved as well.

Now coming to cost - Since here there is no lottery case, what could be the possible reasons based on which USCIS may reject my application?
One which I can think could be that the petition is too old (more than 6 yrs old from last date of stay) hence rejected.

Anything else that you can foresee?

Secondly, if they reject will they refund the full fees or a part of it?