H1b stamping delayed

[praveen0kumar]

Hi Experts,

I was on L2 when applied for H1b and my I129 got approved in lottery of year 2008 quote. But I've to move back to India along with my husband and not heard from that employer who applied for H1 after my return to India. After all these years received a mail from contact person stating he is with a different company and wanted to process further on my H1b if I am willing to join his new company. All these years I am thinking my H1b might got expired since I didn't go for stamping.

Do my H1b still valid?
Can I transfer this H1b to different company? (somehow as employer didn't respond to me for so many years , I am not comfortable joining them)
Will there be any potential difficulties from immigration department if I proceed for stamping ..?

Thanks
PK

[raghvi]

Hi Experts,

I was on L2 when applied for H1b and my I129 got approved in lottery of year 2008 quote. But I've to move back to India along with my husband and not heard from that employer who applied for H1 after my return to India. After all these years received a mail from contact person stating he is with a different company and wanted to process further on my H1b if I am willing to join his new company. All these years I am thinking my H1b might got expired since I didn't go for stamping.

Do my H1b still valid?
Can I transfer this H1b to different company? (somehow as employer didn't respond to me for so many years , I am not comfortable joining them)
Will there be any potential difficulties from immigration department if I proceed for stamping ..?

Thanks
PK

I believe the petition got approved and you are still cap exempt, whether you join the employer or not, you would need the receipt number / approval notice if you want to reuse that old petition for a transfer. OR else, you are always free to apply in this years's cap again.

This is my opinion not legal advice.

[praveen0kumar]

I believe the petition got approved and you are still cap exempt, whether you join the employer or not, you would need the receipt number / approval notice if you want to reuse that old petition for a transfer. OR else, you are always free to apply in this years's cap again.

This is my opinion not legal advice.

Hello Raghvi,

Thanks for quick response,
I don't have original approval notice, Is there any option to get approval notice from USCIS once again ?
I've receipt number of I129 acceptance.

Thanks
PK

[raghvi]

Hello Raghvi,

Thanks for quick response,
I don't have original approval notice, Is there any option to get approval notice from USCIS once again ?
I've receipt number of I129 acceptance.

Thanks
PK

USCIS would not give you the Approval notice as its the employer's petition. Technically receipt number is sufficient but many employers insist on the approval notice.

This is my opinion not legal advice.