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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109639
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have h1 visa stamped on Nov 12 expired on sep 13. However

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I have h1 visa stamped on Nov '12 expired on sep '13. However I have not traveled to US, that is the visa has not yet been used. Is this visa can be used any more ?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

That visa was an H-1B cap-exempt visa or it was a cap-subject visa?
Customer: replied 3 years ago.

It was cap-subject visa

Ok. Then while you cannot use that visa anymore, because the visa was approved within the last 6 years, you can apply for a cap-subject or cap-exempt visa status through a new employer and not be subject to the cap. The cost depends on how many employees the company has that petitions for you. It can be as little as $1525 without Premium Processing and as much as $5550 for big companies and with Premium Processing. Here is a link where you can look at the middle of the page for the fees:

As to how long it can take, well, without Premium Processing, about 6 months, maybe a little less, maybe a little more. With Premium Processing, it takes about 15 business days.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to and make sure you type: FOR GUILLERMO on the subject line. Thank you!

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