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  • H1B 1 year only

    Hi,

    I have applied H1B through my employer on 2012 and petition got approved and given validity period 01.10.2012 -01.10.2013.They have given stamping also 1 year.Actually, H1B should given for 3 years.But they have given 1 year? What is the reason? My visa also expired now without travelling to US now.I have came out of this this employer and joined new employer 1 month back.Please advise on this.

    Regards,
    Ravi

  • #2
    Originally posted by manibasis2006 View Post
    Hi,

    I have applied H1B through my employer on 2012 and petition got approved and given validity period 01.10.2012 -01.10.2013.They have given stamping also 1 year.Actually, H1B should given for 3 years.But they have given 1 year? What is the reason? My visa also expired now without travelling to US now.I have came out of this this employer and joined new employer 1 month back.Please advise on this.

    Regards,
    Ravi
    Any employer, who has a H1 position in US can use the existing approval notice (I797) to file a cap exempt petition for you. Once their own petition is approved, you can attend new visa stamping for that employer.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by manibasis2006 View Post
      Hi,

      I have applied H1B through my employer on 2012 and petition got approved and given validity period 01.10.2012 -01.10.2013.They have given stamping also 1 year.Actually, H1B should given for 3 years.But they have given 1 year? What is the reason? My visa also expired now without travelling to US now.I have came out of this this employer and joined new employer 1 month back.Please advise on this.

      Regards,
      Ravi
      raghvi is more or less right; the only problem is your new employer was supposed to send that new petition before or very promptly after you left your previous employment...

      As for the 1 year validity period, this may be what your previous employer requested. (3 years is only the maximum period for any single petition; but not every petitioner requests the maximum employment period...) Considering the dates you provided, this may well mean that you are now out of status, unless there is a little more to your story...

      Comment


      • #4
        Originally posted by ExperienceIA View Post
        raghvi is more or less right; the only problem is your new employer was supposed to send that new petition before or very promptly after you left your previous employment...

        As for the 1 year validity period, this may be what your previous employer requested. (3 years is only the maximum period for any single petition; but not every petitioner requests the maximum employment period...) Considering the dates you provided, this may well mean that you are now out of status, unless there is a little more to your story...
        The part that you missed was that the forum member posing the query never traveled to US, so there is no question of being out of status.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          The part that you missed was that the forum member posing the query never traveled to US, so there is no question of being out of status.

          This is my opinion not legal advice.
          Yes raghvi, I missed that, thanks for the correction (I had a little trouble understanding the phrasing of the query the first time)

          Comment


          • #6
            Originally posted by manibasis2006 View Post
            Hi,

            I have applied H1B through my employer on 2012 and petition got approved and given validity period 01.10.2012 -01.10.2013.They have given stamping also 1 year.Actually, H1B should given for 3 years.But they have given 1 year? What is the reason? My visa also expired now without travelling to US now.I have came out of this this employer and joined new employer 1 month back.Please advise on this.

            Regards,
            Ravi
            Your company would have got client letter for only one year,even in some cases if the client letter is given for 3 yrs the H1b is approved for 1 yr only.It is no issue you can extend after 1 yr.

            Comment

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