Query on H1 B Old Petition

[jayashri]

Hi

My husband had H1B Visa/petition in 2006 from employer A. He travelled to USA from Nov 2006 to Oct 2008. In 2010 he joined employer B. Employer B filed new H1B under cap for 2013 and He had petition in 2013 which expired on Sept 2014.But He did not travel on this petition. So can he use his old petition(2006-2008) which was valid till 2010 to file H1B under cap exempt??

[raghvi]

Hi

My husband had H1B Visa/petition in 2006 from employer A. He travelled to USA from Nov 2006 to Oct 2008. In 2010 he joined employer B. Employer B filed new H1B under cap for 2013 and He had petition in 2013 which expired on Sept 2014.But He did not travel on this petition. So can he use his old petition(2006-2008) which was valid till 2010 to file H1B under cap exempt??

What was the last date in US on H1? Seems Oct 2008. H1 petition is normally valid for 6 Years from initial cap year or from 6 Years of last held H1 status. In either case the 2006 petition would not be usable. Yes, the 2013 petition can be used but does he have the receipt number/approval notice for the same?

This is my opinion not legal advice.