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H1B Apporved & Expired but not Stamped

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  • H1B Apporved & Expired but not Stamped

    I had an apporved H1B petition (EAC1203750852) which was filed by pervious employer. Before getting stamped I resigned and joined New Employer on 11-Apr-2012. My H1 Petition got expired on Mar 2013 .I had checked the USICS site it shows Post Decision Activitiy.

    I have the following query :-
    1) Is it possible to convert the H1B apporved petition to be used by New Employer?
    2) If the Petition is expired can this be still used ? Can we convert expired H1B approved petition from pervious employer to New Employer?
    3) Previous employer has not given me the I29 form. Still can i Convert the apporved H1B fit for purpose with New employer?

    Thanks and appericate your responses
    Udhays

  • #2
    Originally posted by udhayshanker View Post
    I had an apporved H1B petition (EAC1203750852) which was filed by pervious employer. Before getting stamped I resigned and joined New Employer on 11-Apr-2012. My H1 Petition got expired on Mar 2013 .I had checked the USICS site it shows Post Decision Activitiy.

    I have the following query :-
    1) Is it possible to convert the H1B apporved petition to be used by New Employer? -- Yes, new employer (or any employer) can file a cap-exempt petition for you, using the previous petition.
    2) If the Petition is expired can this be still used ? Can we convert expired H1B approved petition from pervious employer to New Employer? -- It can be used to be eligible for cap-exempt petition for up to 6 years. (Mar 2019)
    3) Previous employer has not given me the I29 form. Still can i Convert the apporved H1B fit for purpose with New employer? -- Receipt number is technically sufficient. But some employers will insist on seeing a copy of the approval notice or receipt notice. You will have to convince them.

    Thanks and appericate your responses
    Udhays
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks

      Originally posted by kabkaba View Post
      See above.
      Thank you So much for your Response

      Comment


      • #4
        Originally posted by udhayshanker View Post
        Thank you So much for your Response
        Hi udhayshanker,

        I am also in same situation. I have expired petition. It was filed in 2008 and as per many blogs it is valid and can be used under cap exempt.

        Comment

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