Skip to main content

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?

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?

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

+ Read More

Attorney answers 3


No, you are not CAP eligible.

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.


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


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

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.