For filing a new H1B case, can I use an expired H1B petition which was approved, but never used? Or, do I need to go through the H1B quota and lottery again?
25 Aug 2014Answer
This should be discussed in a consultation with an attorney, as the clear answer is maybe. It is often possible to avoid needing a cap number when there has been a prior H1B approval, even if the person never worked for that employer. But, there are technicalities that can arise if the person never held H1B status or obtained an H1B visa. Thus, decision about whether to try to file without dealing with the cap should be made after consultation. (25.Aug.2014)
In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.
Access more FAQs here.
Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved