H1B VISA Expired

[manibasis2006]

Hi,

My H1B visa expired without travelling to USA.My sponsor was Employer X in India and now I am not working with them and working in different employer Y now in india.


Can somebody let me know on the following?

1. Is there a way to get the expired visa renewed in India through new employer or not valid ?
2. If yes, how?
3. If No, what are the other options?

Thanks in advance.

Regards,
Manikam

[kadkhiq81]

H1B VISA Expired

It's not easy to answer any of your question if you do not provide any associated dates..

1. First H1 petition start date
2. Did you get your visa stamp on the passport?

This is my opinion

[manibasis2006]

H1B VISA Expired

1. First H1 petition start date
My HIB visa expired on 10.10.2013.
2. Did you get your visa stamp on the passport?
YES

Waiting for you reply.

Regards,
Mani

[kadkhiq81]

H1B VISA Expired

Your approved petition is valid for 6 years and your new employer can apply new H1 cap exempt petition based on that approved petition. Hope, you would have a copy of that approved petition.

Once the new petition approve, you don't have to go for a stamping as long as the visa stamped on the passport is valid during the travel.

This is my opinion.

[manibasis2006]

Thanks for your reply.

I think you did not understand my question.I am providing detailed information once again.

I have gone to H1B stamping last year and given for 1 year stamping in my passport.But I did not travel to USA and visa got expired on 10.10.2013 (H1B visa approved for 1 year only.)

My sponsor was Employer X in India and now I am not working with them and working in different employer now in india.

Is there a way to get the expired visa for renewal through my new employer.

I hope you understand now.


Regards,
MK

[kadkhiq81]

H1B VISA Expired

You need to understand first the difference between petition and the visa stamped on the passport.

Your approved petition is valid for 6 years (on the whole) and you can apply extension/transfer based on that.

So, I still stand on my earlier statement and any other employer (yes, even from India)can apply transfer based on that approved petition. If your visa has expired, then you have to appear for visa interview with the new approved petition to get it stamp again.

This is my opinion.

[manibasis2006]

Thanks for your help on this.

In my petition mentined the validity date is 10.10.2012 - 10.10.2013 (1 year). I gone to stamping on 21.05.2013 and give the stamping until 10.10.2013. If i am going to different company,What is the procedure to renewal the expired H1B visa.


Regards,
MK

[kadkhiq81]

H1B VISA Expired

The immigration team in the new company would take care of it. They just need your old approved petition (I 797)copy. Once the new petition approve, you need to go for a stamping with the new one.

This is my opinion.

[22anil]

2008 Petition approved but never entered in US. Eligible now for H1B transfer ?

I need consultation in my H1B matter. Company A applied for my H1b in year 2008 and my petition got approved. But i n ever entered US nor got stamping on my visa. Now when i looked in some forums regarding H1B they are saying that i am eligible for the H1b as CAP-EXEMPT because i have previously approved Petition, If any employer agree to apply for new H1b transfer petition. could you plz clarify couple of things to me:
1) Is my 2008 approved petition still valid.Even after it is more than 6 years old.
2) eligible for CAP-Exempt in case of H1B transfer. If yes for how many years i am eligible as i never entered in US on any visa.