H1 Petition expired

[tusharkp]

My wife had an H1B petition that was approved in 2004. But it expired in 2007. H1B was never stamped and she never worked on that H1B.

She is currently on H4 and is ready to work now.

Here are my questions about this situation:

1. Will she need to apply for new H1B or can she use her previously approved petition?

2. Will the new quota apply to her or she has already been counted in the quota for 2005?

3. If her existing petition can be reused how long does it take to do change of status?

 

[nscagony]

She needs a new petition but she won't be subject to the quote and she still has 6 years left on the H1B clock. However, since this is a somewhat unusual situation you should definitively consult with an experienced lawyer.