Considering above facts, can I use my old H1 B petition to apply h1 b visa under cap exempt?

Question

Considering above facts, can I use my old H1 B petition to apply h1 b visa under cap exempt?

Anonymous Dec 11, 2015 2 views 3 answers

Hi This is Bhanu Pinninti. I have filed h1b petition in 2008 through employer A. It was approved then but I did not appeared for visa interview. Petition was unused till now. I am currently in USA on L1 A Visa for employer B and has validity till 2017.

Adan Vega · Accepted Answer · 2026-06-15T16:42:39+00:00

The approval of the H-1B was issued over 6 years ago and you failed to obtain the H-1B visa. Hence, your employer will need to file a cap subject H-1B petition on April 1, 2016.

Shobhana Kasturi · Accepted Answer · 2026-06-15T16:42:39+00:00

Shobhana Kasturi

Shobhana Kasturi · Jun 15, 2026

The new employer would need to file a new petition for the H1B.

0 upvotes

Pascal Schunk · Accepted Answer · 2026-06-15T16:42:39+00:00

Pascal Schunk

Pascal Schunk · Jun 15, 2026

I agree with my colleagues. Contact your company's US immigration attorney for assistance.

0 upvotes

Considering above facts, can I use my old H1 B petition to apply h1 b visa under cap exempt?

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