H1 Cap Count with prior Approved Petition

V

visa_2011

New Member
I am applying for COS from L2/EAD to H1B. I had an old H1B petition approved in 2007 and visa stamped from Sep 2007 to Sep2010.I didn't use this approval and never traveled on this visa.I am working currently on L2/EAD. Can anybody answer the below queries:

Will I be counted in the cap this year or will not be counted as I am already counted in the cap in 2007?

If I will not be counted against cap this year, Can the start date be anytime before Oct1st 2011, as this start date is only for those who are newly counted under this year cap?

Many Thanks!
 
You must be counted. You cannot start as an H1-B before 10/1. If the EAD is still good, keep using it.
 
You must log in or register to reply here.
Top