Expired H1B Petition

[ag46677]

Hello There,

I am working with Company A which helped me file for H1B and we received approved petition in 2013. This petition was expired in December 2014. I have all the original petition documents with me.

Now considering the above scenario, can I..

1. apply for H1B visa?
2. switch the company and utilize this expired petition to get the visa?

Thanks in advance.

Regards,
AG

[shervin143]

1. apply for H1B visa?
>>> To apply for the H1B visa you need a valid H1B approval notice. So to apply for the visa, the current employer or any new employer will need to first file the H1B petition and that should get approved.

2. switch the company and utilize this expired petition to get the visa?
>>> You cannot utilize the expired petition to get the visa. You can switch companies and the new employer can file a CAP exempt H1B petition for you using the CAP from your previous H1B approval notice. Once the petition gets approved, you can apply for the visa.