Never used H1B and expired in 2009

[shyamsandeep]

Hello There

My H1b visa got expired in Sept 2009, it was never used as i have never went to US on H1, i have traveled to US only on B1 until now.

i would like to know if an employer can apply for H1B petition which is cap exempt.

Is there a time limit for the H1B cap to be expired? since my H1B was never used, Does it attract any extra documents or additional procedure.


Please do let me know

Thanks a lot in advance for your help

[raghvi]

Hello There

My H1b visa got expired in Sept 2009, it was never used as i have never went to US on H1, i have traveled to US only on B1 until now.

i would like to know if an employer can apply for H1B petition which is cap exempt.

Is there a time limit for the H1B cap to be expired? since my H1B was never used, Does it attract any extra documents or additional procedure.


Please do let me know

Thanks a lot in advance for your help

Yes, it would be possible. You would need to provide the previous approval notice to the employer and they should be able to file a cap exempt petition.

You would need to attend a visa interview and take associated documentation with respect to the new employer and job.

This is my opinion not legal advice.