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?


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)

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