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

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  • need help, 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

  • #2
    Since you have been counted under the annual cap, any employer (current or another) can file a cap-exempt petition for you at any time. This cap-exemption is available for 6 years after your latest petition expires. Nothing needs to be done keep this cap-exemption available (or keep the H1B alive in your terms).
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Since you have been counted under the annual cap, any employer (current or another) can file a cap-exempt petition for you at any time. This cap-exemption is available for 6 years after your latest petition expires. Nothing needs to be done keep this cap-exemption available (or keep the H1B alive in your terms).
      Hi Kabkaba,

      By latest petition do you mean in case if an extension was filed on the original petition then expiry date of the extension would be considered to check 6 year validity?

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