Unsed H1B Petition - Please help

[ab_ster]

Dear Members,

My Spouse has a unused H1b petition that was approved in 2007 from company A , never stamped, never used ,never travelled in US on that Visa.
she does not have the I-797petition, company A never gave it, but has a Receipt no.

Now , that she has a L1 visa with another company B and is working in US on it but she wants to apply for new H1B.

Is it possible for her to apply to the H1B in 2014 under a cap exempt category or the cap will be applied to her( she has had 2+yrs on L1 already.)

I think it will be a New Petition by a new employer by we aren't sure about the CAP.

Any help or advise will be greatly appreciated. Many Thanks.

Regards,
ab

[raghvi]

Dear Members,

My Spouse has a unused H1b petition that was approved in 2007 from company A , never stamped, never used ,never travelled in US on that Visa.
she does not have the I-797petition, company A never gave it, but has a Receipt no.

Now , that she has a L1 visa with another company B and is working in US on it but she wants to apply for new H1B.

Is it possible for her to apply to the H1B in 2014 under a cap exempt category or the cap will be applied to her( she has had 2+yrs on L1 already.)

I think it will be a New Petition by a new employer by we aren't sure about the CAP.

Any help or advise will be greatly appreciated. Many Thanks.

Regards,
ab

I dont think she would be able to use the 2007 petition considering the fact that she was cap counted more than 6 Years back. Nonetheless, first find out an employer willing to petition for her, if they are willing to be able to use the older cap and file a cap exempt petition good, otherwise file a new one.

This is my opinion not legal advice.

[ab_ster]

I dont think she would be able to use the 2007 petition considering the fact that she was cap counted more than 6 Years back. Nonetheless, first find out an employer willing to petition for her, if they are willing to be able to use the older cap and file a cap exempt petition good, otherwise file a new one.

This is my opinion not legal advice.

thanks Raghvi,
if we have find a new employer, is there any way by which we can know if our petition applies for Cap Exempt for sure ,as once applied and it doesn't work out......the chance for new application in CAP is also gone for the year.

Thanks again.

Regards,
ab

[raghvi]

thanks Raghvi,
if we have find a new employer, is there any way by which we can know if our petition applies for Cap Exempt for sure ,as once applied and it doesn't work out......the chance for new application in CAP is also gone for the year.

Thanks again.

Regards,
ab

USCIS is ambiguous in this respect. If you dont want to take chances apply in this year's cap too.

I dont see why you cannot file two petitions, one claiming it to be cap exempt (using old petition) and another part of this year's cap.

This is my opinion not legal advice.