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Expired H-1B petition with valid H-1B VISA

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  • Expired H-1B petition with valid H-1B VISA

    I am in this unique situation where my petition has an expiry date of 01/24/2014 while my H-1B VISA has an expiry date of 10/24/2014.

    I have traveled to the US once (for nine months) with this petition and now I want to travel again with this employer.

    I have the following questions -

    1. Can I travel in this scenario ?
    2. If I can not, can my employer apply for new H1-B under Cap-Exempt ?
    3. How many months of H1-B can I be granted under Cap-Exempt (referring the existing expired petition) considering the starting and end date as 01/24/2011 and 01/24/2014 respectively and I stayed for 9 months in the US during this period (06/15/2012 to 03/15/2013) ?
    4. If I am issued new H1-B under cap-exempt, can I travel with the existing VISA, which is still valid till 10/24/2014 ?

  • #2


    • #3
      You do need a valid petition to complement the valid visa.

      1. I would say No.
      2. Yes the employer can file a cap exempt petition.
      3. 6 Years minus time already spent on H1.
      4. Yes with the new approved cap exempt petition.

      This is my opinion not legal advice.