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Unused H1 B petition

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  • raghvi
    replied
    Originally posted by contactyogs View Post
    I have H1B Petition issued to me in India on 3rd Dec 2012 , it valid upto 31st Dec 2014.
    I also have visa stamped for above petition but never used it(i.e have never entered usa. )
    as got an opportunity in Canada.

    So the query is if I do not enter usa before Dec, 2014.

    Can I file for a New H1B with different employer under CAP Exempt by attaching the above I797 document?

    If yes do I still have the eligibility of 6 Years from the day I enter usa?

    Also what would be the time period to get new h1 b and would it need visa stamping?

    And finally would the visa stamping need to be done from my home country?

    Thanking in advance for your response.
    You dont file, its the next employer who can file a cap exempt petition for you using the approved I797.
    Yes a H1 can be used for 6 Years to stay in US.
    The petition has to be renewed or activated(by workin in US on it) within 6 Years of original filing. So if it was filed in 2012, you have time till 2018.

    That you have to check with local consulate, some consulates entertain TCN (Third Country Nationals) Some do not.

    This is my opinion not legal advice.

    Leave a comment:


  • contactyogs
    started a topic Unused H1 B petition

    Unused H1 B petition

    I have H1B Petition issued to me in India on 3rd Dec 2012 , it valid upto 31st Dec 2014.
    I also have visa stamped for above petition but never used it(i.e have never entered usa. )
    as got an opportunity in Canada.

    So the query is if I do not enter usa before Dec, 2014.

    Can I file for a New H1B with different employer under CAP Exempt by attaching the above I797 document?

    If yes do I still have the eligibility of 6 Years from the day I enter usa?

    Also what would be the time period to get new h1 b and would it need visa stamping?

    And finally would the visa stamping need to be done from my home country?

    Thanking in advance for your response.

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