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H1B Expired - Transfer or Renewal

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  • H1B Expired - Transfer or Renewal

    Hi,
    I have got my H1B in 2006 and got expired in 2009. I never stepped into US. What is the procedure if i want to get into US? Can i get this H1B transferred to new employer? if so will it come under current Quota(cap)? Please provide a response.
    Thanks,
    Kiran

  • #2
    Any employer can use the same old cap number to file a petition for you requesting immediate start date anytime, as long as you do not spend 6 years in the US in H1 or L1 status. They will need a copy of your old approval notice.
    This is my opinion and not legal advice.

    Comment


    • #3
      hmm!

      What about the visa (stamping) Does the person has to get it stamped again(By showing the new employer/sponsorer i797 and other docs) ? Since in this case, the visa, i797 everything has expired and the person has not entered US

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      • #4
        Without a valid passport, visa and I-797 you cannot enter U.S. If the visa is not valid, then you need to go for stamping again. You need a valid I-797 for stamping.

        Originally posted by sachih1 View Post
        hmm!

        What about the visa (stamping) Does the person has to get it stamped again(By showing the new employer/sponsorer i797 and other docs) ? Since in this case, the visa, i797 everything has expired and the person has not entered US
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          After petition is approved you can use that to obtain a Visa and enter the US.
          The only advantage you have is that you do not have wait for the Oct 1 cycle.
          This is my opinion and not legal advice.

          Comment

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