H4 to H1B transfer or using expired H1B petition to apply again

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Hi

I have my H1B petition approved in 2008 and expired in 2011(w/o stamping).

My wife has H1B visa and planning to travel to US. I am also travelling with her on H4 visa.

My question:

1. Can I use my earlier H1B petition(can apply again in same cap of 2008?) to get H1B visa?

2. Transferring my H4 to H1B visa?

Which among above is a better option?

asked Sep 19, 2012 in H1B Visa by arunengr (120 points)

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