Hi I have expired H1b that I never used to travel to USA.Now I am on H4 and employer wants to use h1b for this year.Can be done?

Asked over 1 year ago - Woodland Hills, CA

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?

Additional information

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

Attorney answers (3)

  1. Tripti Sharad Sharma

    Contributor Level 19

    2

    Lawyers agree

    Answered . Unused H-1B numbers go back to the pool. It will be best to apply in April.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . No, you are not CAP eligible.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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