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H1B Visa approved in 2007 Dec is still valid for cap-exempt OR shoud file new H1 ?

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  • H1B Visa approved in 2007 Dec is still valid for cap-exempt OR shoud file new H1 ?

    Hello There, could you please guide me for below query?

    Background:

    My H1B visa got Stamped in December 2007 in Singapore and it was expired in 2010 October and 6 years got completed by today from the date H1B approved. However, I have never travelled to US till now using H1B or any other VISA.

    Now, I am planning to travel to US through H1B visa. My questions are below.

    1. Employer need to file completely new H1B petition? (if old H1B expires fully after 6 years) OR still can apply for cap-exempt H1B petition in 2014?

    2. If cap-exempt is applicable for my case, is it better to approach same old employer who applied H1B for the first time OR it really does not matter and I can approach any new employer to start cap-exempt procedure?


    Please do let me know

    Thanks a lot in advance for your help.

  • #2
    Originally posted by varmasqe.us View Post
    Hello There, could you please guide me for below query?

    Background:

    My H1B visa got Stamped in December 2007 in Singapore and it was expired in 2010 October and 6 years got completed by today from the date H1B approved. However, I have never travelled to US till now using H1B or any other VISA.

    Now, I am planning to travel to US through H1B visa. My questions are below.

    1. Employer need to file completely new H1B petition? (if old H1B expires fully after 6 years) OR still can apply for cap-exempt H1B petition in 2014?

    2. If cap-exempt is applicable for my case, is it better to approach same old employer who applied H1B for the first time OR it really does not matter and I can approach any new employer to start cap-exempt procedure?


    Please do let me know

    Thanks a lot in advance for your help.
    1. There is ambiguity around how USCIS interprets H1B remainder option. Generally, if one has been cap counted in last 6 Years one need not be cap subjected again and its at the discretion of the employer if they want to use to old petition or file a new one. I dont think USCIS explicitly states anywhere that a petition filed more than 6 Years back lets say in 1999, and was unused, can it be re used again. As for your case I think it belong to 2007 Cap , so I believe it would be in 2007 Cap and its been over 6 Years so might not be eligible, nonetheless it would be better to check with an immigration attorney.

    2. Any employer can do so.

    This is my opinion not legal advice.

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    • #3
      Thanks very much for inputs.

      Comment

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