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I have H1B petition which was expired in Sep2011 with Employer A, shall I apply H1B again freshly with Employer B

Saint Paul, MN |

I have an H1B petition, validity was Oct 2008 to Sep 2011 with Employer A, never stamped and didn't entered US. Now Employer want to file H1B for me, shall i apply again or do I have cap exemption upto August 2014

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Attorney answers 3


Yes, you should apply with employer B. Good luck.

This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.


Technically you are cap exempt. I suggest filing in the quota. If it does not go through, try claiming that you are cap exempt.

The advice suggested here is for general information only and not to be construed as legal advice.


I suggest you work with employer B. Tricia Dwyer Esq.

MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.

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