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My brother got his H1 Visa approved in Pakistan (January

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Hi , My brother got his...
Hi ,
My brother got his H1 Visa approved in Pakistan (January 7th 2008) but never came to united states on H1 Visa. But he came to United States on F1 Visa in 2012 for doing MBA from Carnegie Mellon University. He graduated last year and applied for H1 now in lottery but did not get the visa. My question can he apply expired 2008 H1 Visa and get that approved.
Submitted: 2 years ago.Category: Immigration Law
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5/28/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,159
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
USCIS policy is that if your brother has an approved petition that was not revoked by the petitioning employer prior to the effective date he can use that cap quota number for a petition filed by a new employer and not be subject to the cap.
He needs either the I-797 Notice of Action approval notice of the H1B petition or he needs a copy of the actual approved petition which he can obtain throu a FOIA request using form G-639 for the new employer to attach to their petition for new employment and change of status from F1 to H1B.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,159
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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