H1B expired, dont have petition, cap exemption possible

[johny_gaddar]

Hi,

I have EAC no of the H1B petition and the year of petition approval 2007. I have not got it stamped and never travelled on H1B. The expired petition exists with the old company and I have switched to a new company.

I want to know if I can get a duplicate copy of expired petition and can a company in US file for a H1B cap exempt petition for me ?

How easy the process would be ?

REgards,
Johny

[shervin143]

H1B petition is an employer's property and USCIS will not send you the duplicate copy. You can use the CAP from the previous petition with just the receipt number. However, how sure are you that the receipt number that you have really belongs to you? Most employer will not take a chance with just the receipt number and they will ask for a copy of your previous approval notice.

[ashgoel]

EAC validity

Hi,

Is there any timeframe after getting the petition approved to get the visa stamped?
Also, if you get the papers for stamping from current employer and then you reject to get the stamping done, can the employer take any legal action against you?

Can the same papers or the file number be used to get the H1 from some other employer?

[shervin143]

Is there any timeframe after getting the petition approved to get the visa stamped?
>>> You can get the stamping done as long as the petition remains valid and the job exist. If you decide to get the stamping done later, then new employment verification letter, client letter (If you will be working at the client location) etc will be required.

Also, if you get the papers for stamping from current employer and then you reject to get the stamping done, can the employer take any legal action against you?
>>> No.

Can the same papers or the file number be used to get the H1 from some other employer?
>>> No. If you want to work for a different employer in H1B status, then that employer will need to file a H1B petition for you and that should get approved. You will need the documents from that employer to attend the visa interview.