H1B visa- Approved- Got stamped- never used - now expried

[prasad321]

Dear all,

I got my H1B visa approved and got stamped in jan 2009 and expired in July 2011, i never used the visa as i couldn't go to USA because of some family emergencies.. Now what are my options of going to USA on same H1?

Pls help me reg this.

[raghvi]

Dear all,

I got my H1B visa approved and got stamped in jan 2009 and expired in July 2011, i never used the visa as i couldn't go to USA because of some family emergencies.. Now what are my options of going to USA on same H1?

Pls help me reg this.

You have first got to find an employer who has the employment opportunity for you in US and the job is H1 compliant. You would need to provide the current H1 approval notice to the employer and they can file a cap exempt H1 petition with an immediate start date.

This is my opinion not legal advice.

[prasad321]

Cap exempt

You have first got to find an employer who has the employment opportunity for you in US and the job is H1 compliant. You would need to provide the current H1 approval notice to the employer and they can file a cap exempt H1 petition with an immediate start date.

This is my opinion not legal advice.

Thank you for ur reply... Can u pls explain me about this cap exempt H1

[raghvi]

Thank you for ur reply... Can u pls explain me about this cap exempt H1

Basically US imposes a cap (limit) on number of H1 petitions that can be filed by employers for hiring foreign labor on H1. The current limit is 85,000 (20,000 for US Master's Degree Holders, and 65,000 for others which come under the purview of H1 classification out of this 65,000 6,800 are set aside under the U.S. Chile and U.S. Singapore free trade agreements).

Once Cap counted in a particular year, you need not again be part of the above cap for next 6 Years. So basically what it means is if you got an H1 petition approved in last 6 Years, any employer can use that approval notice to file a cap exempt H1 petition for you and the petition would be cap exempt as you have already been cap counted in last 6 Years.

This is my opinion not legal advice.

[Sameh Samir]

Dear all,

I got my H1B visa approved and got stamped in jan 2009 and expired in July 2011, i never used the visa as i couldn't go to USA because of some family emergencies.. Now what are my options of going to USA on same H1?

Pls help me reg this.

Sorry. how did you know it is expired ? did you reach the expiration date on the stamp ?
As far as i know it is three years

[prasad321]

Sorry. how did you know it is expired ? did you reach the expiration date on the stamp ?
As far as i know it is three years

Yes my visa got expired in July 2011.. As per Mr. Raghvi advise may be my H1B is still valid under cap exempt, so now my question is my H1B approved date is Oct 1st 2008, so if considered 6 years my H1B is this valid only till sep 2014? Or will i be having any extention?

[raghvi]

Yes my visa got expired in July 2011.. As per Mr. Raghvi advise may be my H1B is still valid under cap exempt, so now my question is my H1B approved date is Oct 1st 2008, so if considered 6 years my H1B is this valid only till sep 2014? Or will i be having any extention?

You have to use the approved petition within 6 Years to get a valid visa and travel to US on H1 and work in US on H1 in order for it to be eligible for any extension beyond Sep 2014.

This is my opinion not legal advice.