Petition Expired in 2009

[ganeshk]

Hi


I had my H1B petition approved for company A on 05/04/2007 and it was valid from 10/01/2007 to 04/19/2009. During this period, we didn't have any projects in US and hence my H1B was never stamped.

I was under the impression since the H1B petition was expired i will not be able to use it. Hence i applied for L1B from company A, which is expiring on Jul 11th 2014. I am currently working for a client in US on L1B.

I was about to extend my L1B and came to know that i can use my H1B petition. However my current company A don't have the approved petition now.

Company B says I am eligible for CAP exempt and they are ready to file my H1? Also they say only receipt number should be good enough for filing my H1B. Is that true? whether receipt number is enough for filing an H1B? Whether i am eligible for cap exempt? Pls advise.


Thanks in advance .

 

[FlyingRon]

You are abusing the intent of the H1B process. Yes, just go to the INS and tell them that you lied in your petition and you'd like to change the lies now. That should work fine.

 

[PaulMass]

I suggest you seek a competent immigration attorney for help.

Here's a hint: If they don't know the name of the agency that processes visa applications, they probably have no idea what they are talking about.

 

[FlyingRon]

I suggest you seek a competent immigration attorney for help.

Here's a hint: If they don't know the name of the agency that processes visa applications, they probably have no idea what they are talking about.

H1B is not for body shopping. If there was no work to be done in the US, then a H1B should never have been issued. H1B is for existing need that is unfulfillable with domestic workers.

Yes, go get an immigration lawyer.