Queries about H1 B

[Kumar_new]

Hello,

Company A applied H1 B for me in 2006 quota and petition approved till 2007 . no stamping and never used , so the petition expired.
Company B applied H1 B for me in 2013 quota and got approved for next 2 years . No stamping till now.

Now Company A wants to use CAP exempt of 2006 application and apply new petition and asking me go for stamping.

1. Will this create any issues ? I don't know how will it be counted towards as I have both 2006 CAP and 2013 CAP valid

2. When Company A applies new petition under 2006 CAP exempt , will it be considered as 2006 Cap exempt and counted towards it or 2013 quota petition, counted towards it?

Please clarify

[Nattybone]

Hello,

Company A applied H1 B for me in 2006 quota and petition approved till 2007 . no stamping and never used , so the petition expired.
Company B applied H1 B for me in 2013 quota and got approved for next 2 years . No stamping till now.

Now Company A wants to use CAP exempt of 2006 application and apply new petition and asking me go for stamping.

1. Will this create any issues ? I don't know how will it be counted towards as I have both 2006 CAP and 2013 CAP valid

2. When Company A applies new petition under 2006 CAP exempt , will it be considered as 2006 Cap exempt and counted towards it or 2013 quota petition, counted towards it?

Please clarify

Hello, Kumar.

As far as i understand, an expired H1B can be revived for upto 6 years from issue (if never used), and if used, upto 6 years from the last H1B status maintained. I do not see you meeting either of the criteria. However, if your Company A petition gets approved as cap exempt, it will be interesting. Please keep others posted.

Thank you and wishing you luck.

Cheers,

[Kumar_new]

Thanks Sir.
I have one more question

When you go for Visa Stamping , if the officer gives 221g

1. If the officer return the passport but only gives 221 g form , can we go for some other Visa interview ( different Visa/Petition/Category) without providing documents asked in the 221 g form .


2.If they retain their passport , is there any way to get it back without submitting required documents?

Thank you

[Nattybone]

Thanks Sir.
I have one more question

When you go for Visa Stamping , if the officer gives 221g

1. If the officer return the passport but only gives 221 g form , can we go for some other Visa interview ( different Visa/Petition/Category) without providing documents asked in the 221 g form .


2.If they retain their passport , is there any way to get it back without submitting required documents?

Thank you

Hello, Kumar.

I know of someone who was issued a 221G for H1B. This person submitted the documents asked in 221G but the Consulate asked for more documents. Finally, the case went in a limbo and never got resolved. This person after 2 years, applied for a B2 Visa and was granted one. I hope this answers your query 1.

As regards Query 2, i think there is a provision to email them asking for your passport to be returned.

I hope this helps.

Cheers,