Can i use my Old H1B visa which i haven't used yet ?

[raghu.feb03]

Hi Everyone,

I am Raghu from India, i wanted to know whether i can use my H1B Visa which i got it 2009.
Let me explain my case :

I have applied for H1B visa in the year 2008 and got selected in the lottery and the visa stamping as well ( Jan 2009 for 3 years).
But i didn't travell due to peak recession duing 2009 & 2010, my visa sponsor that time didn't give me supporting documents for POE.

This year i have decided to apply for fresh H1B and started interacting with consutants both in India and US for my Visa Sponsorship.
To my surprise , i got to know from one of the consultant that i can still make sure of my previous H1B visa itself.
They also said, all i have to do is H1B transfer to this new employer. I am planning to go ahead with them,
but there are few constraints with that. I have the below questions now

Questions :
Want to know whether i can still use my old visa ?
Is it true that, i don't have to go through lottery system as i had gone once ?
Also, i got to know that my visa is still valid for 6 years..and this will start from the day 1 i land in US ?
In the meantime, i had travelled to US on B1 last year. Does it have any impact ?


Thanks everyone in advance for your help and advice.

[raghvi]

Hi Everyone,

I am Raghu from India, i wanted to know whether i can use my H1B Visa which i got it 2009.
Let me explain my case :

I have applied for H1B visa in the year 2008 and got selected in the lottery and the visa stamping as well ( Jan 2009 for 3 years).
But i didn't travell due to peak recession duing 2009 & 2010, my visa sponsor that time didn't give me supporting documents for POE.

This year i have decided to apply for fresh H1B and started interacting with consutants both in India and US for my Visa Sponsorship.
To my surprise , i got to know from one of the consultant that i can still make sure of my previous H1B visa itself.
They also said, all i have to do is H1B transfer to this new employer. I am planning to go ahead with them,
but there are few constraints with that. I have the below questions now

Questions :
Want to know whether i can still use my old visa ?
Is it true that, i don't have to go through lottery system as i had gone once ?
Also, i got to know that my visa is still valid for 6 years..and this will start from the day 1 i land in US ?
In the meantime, i had travelled to US on B1 last year. Does it have any impact ?


Thanks everyone in advance for your help and advice.

If you have the approval notice (I797) of that H1 then you can potentially use it. Another employer can quote the receipt number to file another cap exempt petition for you. But As you were cap counted in 2009 Cap I believe you have only till 2015 to use it as H1 has to be used within 6 Years in order for to to remain active.

This is my opinion not legal advice.