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Transfer Stamped but unused H1 from 2002 ?

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  • Transfer Stamped but unused H1 from 2002 ?

    Hello All

    I have a H1 stamped on my passport in 2000 which was valid till 2002 (as per my passport). am not sure about petition expiry as my employer did not give me copies of petition.

    All I have is my stamped H1. I HAVE NEVER USED this H1 to travel to US.

    I am currently in US on L1. Can I use my old above said H1 to transfer ?

    Is petition document copy mandatory ? If yes is there a way to get it without reaching to my old employer

    Regards

    Jhumru Sharma

  • #2
    Originally posted by Jhumru View Post
    Hello All

    I have a H1 stamped on my passport in 2000 which was valid till 2002 (as per my passport). am not sure about petition expiry as my employer did not give me copies of petition.

    All I have is my stamped H1. I HAVE NEVER USED this H1 to travel to US.

    I am currently in US on L1. Can I use my old above said H1 to transfer ?

    Is petition document copy mandatory ? If yes is there a way to get it without reaching to my old employer

    Regards

    Jhumru Sharma
    You can use the "remainder" option only if you have been in H1 status in last 6 Years.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by Jhumru View Post
      Hello All

      I have a H1 stamped on my passport in 2000 which was valid till 2002 (as per my passport). am not sure about petition expiry as my employer did not give me copies of petition.

      All I have is my stamped H1. I HAVE NEVER USED this H1 to travel to US.

      I am currently in US on L1. Can I use my old above said H1 to transfer ?

      Is petition document copy mandatory ? If yes is there a way to get it without reaching to my old employer

      Regards

      Jhumru Sharma

      From my personal experience, you have only 6 years from the date the petition was approved. After 6 years you lose the validity and need to apply for a fresh H1 under quota(if applicable)
      ------------------------
      I reply with my experience and not from any legal perspective.

      Comment


      • #4
        Originally posted by speedracer View Post
        From my personal experience, you have only 6 years from the date the petition was approved. After 6 years you lose the validity and need to apply for a fresh H1 under quota(if applicable)
        H1 can be for 6 Years.

        If one has not exhausted the entire 6 Years the H1 remainder option allows one to regain the remaining time on H1 provided the person was on H1 status in last 6 Years. So for example, if a person had h1 filed in 2000-2002 and used it only for 1 Year technically there is still 5 Years remaining on it. But the person can possibly reuse that petition only if the person was on H1 status for some time at least in last 6 Years, that is, between 2007-2013.

        This is my opinion not legal advice.

        Comment

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