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Un used, Not Stamped and Expired H1B petition is still valid ?

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  • Un used, Not Stamped and Expired H1B petition is still valid ?

    Hi,

    My wife worked for an employer in India and they processed H1B for her during 2012 (there was no lottery system at that time) which had a validity from 10/01/2012 - 09/30/2013. But she never appeared for stamping process. She has resigned from that employer in November 2015 and came to USA as my dependent on H4.

    Can the un-used, non-stamped, and expired petition be used now? If so, what would be the approach to get converted from H4 to H1B?
    Also, we have ONLY the soft copies of I-129, I-797B, I-797C documents. Employer has not shared the Originals of the same.

    Thanks

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