H1B Petition validity status

[amitaror58]

Hello,

I received my approved H1B petition in 2006 and got the visa in the same year, which was valid uptil 2009. Due to personal problems, I could never travel to US despite having an approved H1B petition and Visa.

Considering below scenarios, I need your advice on what are my options now, to travel to US and work there.
1. I go for fresh H1B, in 2014 and start afresh (Seems Logical)
2. Assuming(Not Sure) H1B petition though approved in 2006 is still valid as I never travelled, I find another company and get the H1B transfer.

Any other advice, will be highly appreciated.

Thanks,
Amit

[kabkaba]

You have been counted under annual cap and the petition expired within the last 6 years. So you are eligible for cap-exempt petition. Another employer can file that and request immediate start date. The only matter of doubt is whether USCIS goes by petition start date (which is beyond 6 years) or end date (within 6 years). An experienced immigration attorney hired by your new employer may be able to answer. You will of course need a copy of the previous approval notice.

[amitaror58]

H1B Petition validity status

An experienced immigration attorney hired by your new employer may be able to answer. You will of course need a copy of the previous approval notice.

Hello,

Thank you for the quick reply. Can you please help me in recommending an immigration attorney who can help me answer to these situations. I am ready to pay reasonable fees to him for his advice (from India).

Thanks,
Amit

[NAG1408]

H1B validity

Hi All

I am having similar problem. My H1-B petition approved in Aug 2009 and I was in India.

My old petition validity Oct 2009 to Sep 2012 . I guess I will come into Cap exception case.

H1-b petition valid period is 6 years and my doubt is how to caluluclate total 6 years i.e from petition approved date?

I was not used my old H1B petition .

Could you please tell me when my petition will expire i.e Aug 2015 or Sep 2015.

some one saying total valid period is 6*** years and not sure about this one.

Please help me out on this

Thanks
Nage

[shervin143]

H1B petition will expire as of the date printed in the petition or if it gets revoked. No H1B petition will be valid for 6 years at a stretch. However, a H1B CAP (quota) once secured will be for 6 years. Meaning, you don't have to go through quota again to file the H1B petition with a U.S employer. Within the 6 years, you can use the CAP from the previous approved H1B petition to file new H1B petitions with the same or different employer even after the current petition expiry date. This can be filed any time of the year (no need to wait until April to file with an effective date of Oct 1st).

Only the time spent in U.S in H1B + L1 counts against the H1B 6 year CAP period. Anytime spent outside U.S can be excluded.

Hi All

I am having similar problem. My H1-B petition approved in Aug 2009 and I was in India.

My old petition validity Oct 2009 to Sep 2012 . I guess I will come into Cap exception case.

H1-b petition valid period is 6 years and my doubt is how to caluluclate total 6 years i.e from petition approved date?

I was not used my old H1B petition .

Could you please tell me when my petition will expire i.e Aug 2015 or Sep 2015.

some one saying total valid period is 6*** years and not sure about this one.

Please help me out on this

Thanks
Nage