H1 issued for 2 years - haven't worked - expired

[vijayahr]

Hello Everyone,

Company A filed a petition for H1B for a person and it got approved for 2 years. The person hasn't gone to US and couldn't able to use his H1. Now, can the same company file his H1 under Non-Quota? If so, can another employer also has an option to file the petition under Non-Quota? or should it be filed under Quota only in next FY?

Your quick response in this regards is very valuable and highly appreciated.

Thanks and Regards

Vijaya

[shervin143]

Any U.S employer can file a new H1B petition using the CAP from your old H1B approval notice and request an immediate start date. You don't have to go through the quota again until you finish 6 years in the old H1B CAP. Give a copy of the old H1B approvaol notice to the H1B sponsor (along with the other documents) and they will know how to proceed.