H1b visa - approved - expired - never travelled

[meyya.aiht]

Hi,

I have a query on a H1B approved petition , but never travelled.Below are the facts -

H1B visa was applied in 2012 and the petition was approved in oct 2012 and was valid from Oct 2012 to March 2014.The petition has now expired.
Applicant has never travelled to the US.

Want to know what happens to this petition.Is it expired and dead(meaning can not be used at all ?)
Can the applicant apply anytime for a stamping on the same petition ? If yes then what further actions needs to be taken.
Or the applicant has to wait till April 2015 to apply ?if applying again does the applicant get the CAP exemption ?


Request experts to answer the above queries.

Thanks

[raghvi]

Hi,

I have a query on a H1B approved petition , but never travelled.Below are the facts -

H1B visa was applied in 2012 and the petition was approved in oct 2012 and was valid from Oct 2012 to March 2014.The petition has now expired.
Applicant has never travelled to the US.

Want to know what happens to this petition.Is it expired and dead(meaning can not be used at all ?)
Can the applicant apply anytime for a stamping on the same petition ? If yes then what further actions needs to be taken.
Or the applicant has to wait till April 2015 to apply ?if applying again does the applicant get the CAP exemption ?


Request experts to answer the above queries.

Thanks

Petition might have been revoked or expired, hence cannot be used, but the fact that you had an approved petition in last 6 Years, means that you are cap exempt within those 6 Years period.

Its not the applicant, but the employer who files the petition. So, first find an employer who is willing to sponsor the petition for you.

The employer can file H1 Cap exempt petition for you, at any time, no need to wait till April 2015, . You would need to provide them with the initial 2012 H1 I797 Copy, as that proves that you were cap counted in 2012. Once USCIS approves their petition, it will issue a new I797. Using this new I797 you can schedule a visa appointment and if approved will get a new H1 stamped in the passport.

One remains cap exempt for 6 Years from initial Cap year , so in your case, you would be cap exempt til 2018.

This is my opinion not legal advice.

[snehanew]

Hi,

I have a query on a H1B approved petition , but never travelled.Below are the facts -

H1B visa was applied in 2012 and the petition was approved in oct 2012 and was valid from Oct 2012 to March 2014.The petition has now expired.
Applicant has never travelled to the US.

Want to know what happens to this petition.Is it expired and dead(meaning can not be used at all ?)
Can the applicant apply anytime for a stamping on the same petition ? If yes then what further actions needs to be taken.
Or the applicant has to wait till April 2015 to apply ?if applying again does the applicant get the CAP exemption ?


Request experts to answer the above queries.

Thanks

Find a sponsor he can file CAPEXEMPT petition for you it can be filed any time.

[meyya.aiht]

Petition might have been revoked or expired, hence cannot be used, but the fact that you had an approved petition in last 6 Years, means that you are cap exempt within those 6 Years period.

Its not the applicant, but the employer who files the petition. So, first find an employer who is willing to sponsor the petition for you.

The employer can file H1 Cap exempt petition for you, at any time, no need to wait till April 2015, . You would need to provide them with the initial 2012 H1 I797 Copy, as that proves that you were cap counted in 2012. Once USCIS approves their petition, it will issue a new I797. Using this new I797 you can schedule a visa appointment and if approved will get a new H1 stamped in the passport.

One remains cap exempt for 6 Years from initial Cap year , so in your case, you would be cap exempt til 2018.

This is my opinion not legal advice.

Thanks for the quick response raghvi.
How long does USCIS normally take(i know this might not be a definitie time) to approve a petition if applying again in cap exempt ?

- - - Updated - - -

Find a sponsor he can file CAPEXEMPT petition for you it can be filed any time.

Hi snehanew,

Thank you for the response !!

[raghvi]

2-4 Weeks if applied in premium . 2-4 Months if applied under normal processing.

This is my opinion not legal advice.

[gnkunal]

H1b Visa- approved 6 year ago -expired - never travelled

Hi,
I got my H1b Visa stamped in November 2008. I never traveled to US. It has now crossed more than 6 years of approval.

Presently I'm in Toronto, Canada on work permit.

I contacted my initial H1b processing firm, they say as I have crossed more than 6 years of approval, this cannot be considered in the cap.

Please let me know if there is any chance where I can make use of this expired stamping anyway? or do I need to file a fresh H1B altogether. Whom can I approach, any idea?


Thanks,
Kunal,
647-527-7321.

[shervin143]

You have to file a fresh H1B that is subjected to H1B CAP.

Hi,
I got my H1b Visa stamped in November 2008. I never traveled to US. It has now crossed more than 6 years of approval.

Presently I'm in Toronto, Canada on work permit.

I contacted my initial H1b processing firm, they say as I have crossed more than 6 years of approval, this cannot be considered in the cap.

Please let me know if there is any chance where I can make use of this expired stamping anyway? or do I need to file a fresh H1B altogether. Whom can I approach, any idea?


Thanks,
Kunal,
647-527-7321.