H1B Petition validity

[Kumar_new]

Hi ,
Filed for a new H1 B petition in April 2013 in India , got selected in the lottery and waiting for approval . Have following questions related to this.

1. If the petition is approved , Can I go for Personal Apperance anytime till the petition has validity ? Say for example if the petition is approved till Dec 2014 , can I go for PA in Nov 2014 just a month before the petition validity?

2. Once the petition is approved , if I don't go for PA/don't use the petition till expire .. can I still have the same H1 slot valid for 6 years and file a new petition(under 2013 quota) without waiting for new quota that start every April .

3. If my H1 petition is rejected , do I still have the same H1 slot valid for next 6 years that I can use for putting new petition without waiting for new quote that start every April.

Please clarify , thank you

[Nattybone]

Hi ,
Filed for a new H1 B petition in April 2013 in India , got selected in the lottery and waiting for approval . Have following questions related to this.

1. If the petition is approved , Can I go for Personal Apperance anytime till the petition has validity ? Say for example if the petition is approved till Dec 2014 , can I go for PA in Nov 2014 just a month before the petition validity?

2. Once the petition is approved , if I don't go for PA/don't use the petition till expire .. can I still have the same H1 slot valid for 6 years and file a new petition(under 2013 quota) without waiting for new quota that start every April .

3. If my H1 petition is rejected , do I still have the same H1 slot valid for next 6 years that I can use for putting new petition without waiting for new quote that start every April.

Please clarify , thank you

Hello, Kumar.

I am not sure about the first question, but i feel you should be able to go a month before the expiry, but lets say if it is a 3 year visa, i think it will be odd if you went after 2 years and 11 months. So, it is subjective.

Second, yes, if your petition gets approved, you could use it any time for 6 years. I am not sure about petition getting declined, whether you would still be cap exempt.

Wishing you luck.

CHeers,

[Kumar_new]

Thanks Sir.

Need more clarification on the second question.

If the petition gets approved for 1 year for Employer A and I don't use it till it expire . After 1 year , I find a Employer B , I assume Employer B still can use Cap exempt and file a new petition on their behalf without waiting for quote.

Do I need all documents from Employer A ( the first expired petition , approval notice ,etc) for Employer B to file a new petition .
I mean what proof I need to show to Employer B and USCIS that I have applied for H1 in 2013 and quailed for cap exempt.

Please clarify .

Thank you

[Nattybone]

Thanks Sir.

Need more clarification on the second question.

If the petition gets approved for 1 year for Employer A and I don't use it till it expire . After 1 year , I find a Employer B , I assume Employer B still can use Cap exempt and file a new petition on their behalf without waiting for quote.

Do I need all documents from Employer A ( the first expired petition , approval notice ,etc) for Employer B to file a new petition .
I mean what proof I need to show to Employer B and USCIS that I have applied for H1 in 2013 and quailed for cap exempt.

Please clarify .

Thank you

Hello, Kumar.

I did not quite understand 'without waiting for quote'.

Anyhow, if your petition gets approved with Company A. You can always transfer it to Company B while being cap exempt. For Company B, you could show approval with Company A, and any other document that you have.

I hope this helps.

Cheers,

[Kumar_new]

Thank you Sir.
Appreciate it.

I assume worst case If the petition with Company A is expired , I still share that with Company B and get a new petition filed under Cap exempt
Please correct me if i am wrong.

Thank you