Immigration Issues/ex-H1B visa holder

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Question
Hello Sir,
I had an H1B visa by my previous company in 2004, which has expired and I havent travelled to USA using that visa. Now I have joined another company , can the new company apply for a new H1B visa (exempt) which is not under the cap?

Answer
Rohan,
The USCIS has issued no definite opinion on this matter.  In my opinion, I believe that you are still exempt.  However, the only way to know for sure would be for you to file the H1B to find out for sure.
Good luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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