Never used H1B. expired in 2007. Renewal possible?

[vvnagan]

Hello Friends,

Please suggest the next steps to get a working visa asap.

Premise:
1. H1B expired in 2007 when in India. Never travelled to US with that.
2. On H4 since mid 2010 in the US.[/B][/SIZE]

Questions

1. Can an extension be filed for the old H1B?

2.Have a solid work exp of 8 years with best IT companies in South east asia.[/SIZE][/B]
Any suggestions on companies for new H1B IF TO BE filed?

Your remarks are appreciated.

Sincerely,
Vidya

[shervin143]

Extension is a term used when you are already in H1B status. However, any employer can file a new H1B petition on your behalf using the old CAP from the unused H1B. You cannot work until the petition gets approved.

Note: Next time, type your question in the normal font.

[vvnagan]

Thank You so v much.

Font size changed to maintain uniform UI look.

Thanks!

[kreddyusa]

Hi Vidya,

Could you please give detials that you are able to apply H1 with expired one?

My H1 petetion got expired in sept 2010. Now I am planning to change to H1 from L1 using with this expired H1 wihout CAP.

Just I am checking if it is possible or not.

Thanks in advance,

[shervin143]

It is possible as long as you haven't used all 6 years in that CAP (H1B + L1 combined).

Hi Vidya,

Could you please give detials that you are able to apply H1 with expired one?

My H1 petetion got expired in sept 2010. Now I am planning to change to H1 from L1 using with this expired H1 wihout CAP.

Just I am checking if it is possible or not.

Thanks in advance,

[post2srisri]

Facing similar problem, Unused H1b approval notice.

Hi,

I applied for H1b in 2007 and got approval papers.

I came to USA on H4 in 2008.
I left USA on H4 in 2009.
I came to USA on H4 again in 2010.

I never got H1 stamped and remained on H4 till now.
H1b approval (I797B validity was from 2007 to Aug 2010) expired .

Can I use those expired I797 papers, for renewal to start working?

What are my options?

Thanks,
Sri

[shervin143]

You cannot use the expired petition. But you can use the CAP from that petition. Any employer can file a new H1B petition using the CAP from the old petition and request an immediate start date. That way, you can start working immediately upon approval and don't have to wait until October 1st.

Hi,

I applied for H1b in 2007 and got approval papers.

I came to USA on H4 in 2008.
I left USA on H4 in 2009.
I came to USA on H4 again in 2010.

I never got H1 stamped and remained on H4 till now.
H1b approval (I797B validity was from 2007 to Aug 2010) expired .

Can I use those expired I797 papers, for renewal to start working?

What are my options?

Thanks,
Sri

[sourabh8212]

Hi Vidya,

Hope you are doing good!! I have a similar case as yours.

I got my H1B approved petition in 2006 from my previous employer in India. I have not used that petition for stamping or never worked on that petition. Petition is expired after 3 years in 2009.
Is it possible for my current employer to file an H1B transfer for this petition for me in Feb 2012, when the qouta for this year might have exhausted. I am looking into the clause that I might not be subjected to Cap as H1B petitions can be used for 6 years.


Were you able to apply your visa outside of Quota with your expired petition? What documentation was required?

Would really appreciate your response.

Thanks
Sumedha

[post2srisri]

What is the benefit of using the CAP?

Hi Vidya,

What is the benefit I get from the cap? Anyway it is is new H1 filing. As per my understanding , it makes difference only if the quota is finished.

Do you think any one would sponsor H1's in the current situation? How do I convince employers to file H1 on behalf of me.

Thanks,
Sri.

You cannot use the expired petition. But you can use the CAP from that petition. Any employer can file a new H1B petition using the CAP from the old petition and request an immediate start date. That way, you can start working immediately upon approval and don't have to wait until October 1st.

[nishantmits]

My H1B Visa getting expired on june 2013, not traveled on this visa

Hi,

Need ur help , My H1B Visa getting expired on june 2013, not traveled on this visa, can you please tell me how to get the extension for this while considering the below points.

1. i am with the same employer in India , who applied H1B for me.
2. earlier i have traveled on B1 and B1 in lieu of H to US
3. Is there any Fee to apply new petition? , in case if it may help to keep my H1b alive
4. if i change my employer, can it be extended with new employer also?
5. if anybody has gone through the same prob and came out with some solution , please contact me on [email protected]

thanks

[logeshb]

H1B cap exemption- H1B never used

Hi All,

I got my H1B petition approved and it was valid from 10/01/2007 till 09/15/2010. I never used this H1B to enter US, I didnt go to US consulate for H1B visa stamping.
Now I got an opportunity and company is asking if I have valid H1B. I remember through forum is that there is a six years limit to fall under H1B cap exemption.
My question is

1. Is it possible to get new H1B under H1B cap exemption.
2. Is six years period considered from Oct2007 or from Apr 2007?
3. If I apply for H1B now, can I join the company immediately or do I need to wait till Oct2013?
4. How the six years logic is calculated?

Thanks & Regards
Logesh

[sitharam77]

H1 B Petition Approved in 08 March 2008 and never used. Is renewal possible

Hi MY H1B petition was approved on 08 Mar 2008, And I have never used that till now, is there a way where I can use this again

[patilyeshwant]

H1B VISA Validity ?

Hi All,

My H1B VISA was Valid from 10/01/2006 to 3/21/2009, during this period I never travelled and never been to US. So it is almost 8 years completed.

1. Am I eligible to file again in the CAP EXEMPT quota if any company is ready to sponsor.

2. 6 years validity will start from 10/01/2006 OR 3/21/2009.

3. How can utilize this previous petition.

4. Is there any solution of utilizing after completing 6 years OR we can not use at all ?

Please give your advice/suggests to me on this.

Thanks

[jerry88]

Can I apply for B1 visa while having an H1B visa as well?

Hi,

My H1B visa is expiring on 1st August'2016 and my company has a policy that I need to travel to the US for at least 4 weeks to utilize the H1B visa. Note, my last departure date from the US was on 23rd Dec'14 and since then I haven't traveled to the US since then .

Now, I have a project requirement due to which I need to travel to the US for 1.5 weeks (before 1st Aug'16) for requirement gathering meetings and my company is advising me to apply for B1 visa instead of an H1B extension.

In this case, would my H1 be canceled and I won't be able to extend it? Could there be a case that even my B1 gets rejected? Would the VO take my company policy into consideration?

Thanks

[raghvi]

Hi,

My H1B visa is expiring on 1st August'2016 and my company has a policy that I need to travel to the US for at least 4 weeks to utilize the H1B visa. Note, my last departure date from the US was on 23rd Dec'14 and since then I haven't traveled to the US since then .

Now, I have a project requirement due to which I need to travel to the US for 1.5 weeks (before 1st Aug'16) for requirement gathering meetings and my company is advising me to apply for B1 visa instead of an H1B extension.

In this case, would my H1 be canceled and I won't be able to extend it? Could there be a case that even my B1 gets rejected? Would the VO take my company policy into consideration?

Thanks

It depends on the VO
They are not bound by your company policies .

This is my opinion not legal advice.