I had h1b valid from 2008=2011.I never used that H1b to travel to USA.Now I got a new employer who is ready to make use of that H1b and file h1b for this using same petition.
Can it be done?Do I fall in quota category?
Thanks for the update.But first of all would like to know If I can use my old H1b that never used to travel to USA.Can new employer use my old h1b from previous employer
No, you are not CAP eligible.
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Unused H-1B numbers go back to the pool. It will be best to apply in April.
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Yes, under the new cap.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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