Use Unused Approved H1 pettition

Asked 12 months ago - 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.


Additional information

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

Attorney answers (3)

  1. Alexander Joseph Segal


    Contributor Level 20


    Lawyers agree


    Answered . 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)... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyer agrees

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

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more

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