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Use Unused Approved H1 pettition

Dallas, TX |

I have a situation here,
- Entered USA in 2010 as an L2 and got EAd approved.
- Working based on EAD till date
- Last year my old employer got my H1 petition approved, which required me to travel back to India and get it stamped. I chose not to travel and continue working on EAD.
- I still have the approved petition with me.
- I switched my employer DEC 2012 and working on EAD.

Can my current employer and I use the old approved H1 petition? What are the possible route for me to move to H1 now.


Just wanted to add that our L1 and L2 have been extended till mar 2015 and EAD renewal is under progress.

Attorney Answers 3


A lot depends on whether or not the 'old' employer had the petition revoked.

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Unlikely. The forms specifically require that you be in H-1B status within the last six years to be cap-exempt. Under the facts you give, you have never been in H-1B status.

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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I disagree with my colleagues in one respect. If h1b petition was approved within last 6 years, you are CAP exempts, even if you never held the status, revoked or not, unless fraud.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Thanks for the response Alex! My Petition was approved but had not received the fresh I-94 with that, rather I was required to travel to India and get it stamped, which I did not. So do you mean that I can now have my current employer use the same petition and travel back to india and get it stamped now? Thanks!

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