H1B petition

[nagarajvidya]

My H1B filed in 2007 has expired.
I have never used this during the term, means I didn't work in the US.
Now, I am in the US on H4.

If I have to apply for new H1B, can it be filed under the old petition? or under a new quota? Do I fall under the 2011/2012 quota? Kindly educate.

[shervin143]

A new petition under the old CAP. You don't have to go through the new CAP. Hope you have a copy of your old approval notice with you to prove that you are already CAP counted.

[nagarajvidya]

Thank you v much for your response.

As a part of the exit process, I was asked to return the H1b docs.
1.Will the stamping on the passport help in this regard?
2. Do I have to wait till April 2011 to apply? or can I apply anytime?

Please educate.

[shervin143]

As a part of the exit process, I was asked to return the H1b docs.
>>> Well, didn't you make a copy of it for your personal records?

1.Will the stamping on the passport help in this regard?
>>> No. You will need the receipt number from the approval notice to prove that you are CAP counted.

2. Do I have to wait till April 2011 to apply? or can I apply anytime?
>>> If you cannot prove that you are CAP counted, then you will have wat and apply in April 2011 and start on Oct 1st if the petition gets approved.

[nagarajvidya]

Its been long and I cannot locate those documents as I have been traveling and moving. Is there an alternative to look for the approved number?
Kindly educate.

[shervin143]

Check with your x-employer to see if you can get a copy of that approved petition. If that is not possible, then there is nothing much you could do other than to wait until next April to file a petition under the new CAP.

[nagarajvidya]

Thank you v much, your responses clarified all my questions. Only I can trace the doc. Hopes, Smiles : )

[mlpathir]

visa stamp page will have the approval notice receipt number

[nagarajvidya]

Thank you, you are right, visa stamping has the number.
Thanks a lot.