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How to obtain details of my old approved H1B which I never used?

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  • How to obtain details of my old approved H1B which I never used?

    Background:

    Way back in 2006-07, I was on OPT (following my masters degree) when my then employer filed for my H1B which was slated to start in October 2007. But in September 2007, I went to India and when I was there, I got accepted into a graduate program in a German university. But before I left in September 2007, my employer had called me to inform me that my H1B had been approved. But when I left him shortly after that, he was not at all fine (understandable) but I did not receive any document or case number either (and of course, never got a H1B stamped either) - I just have his word that he had applied for H1B on which he heard back that it had been approved (and I dont have any reason to doubt these - he was happy with me until the moment I left later)

    Fast forward to today: I will be completing my PhD from a German university in few months. I also have an F2 visa (my wife is a student in US) for the past 3years. Since I will not get any OPT for my German degree, my only option to find a non-exempted job in USA is to find an employer who will file for my H1B directly.

    Questions:

    (1) Is it true that, since F2 and H1B are decoupled and since I left US in 2007, I (rather, my future employer) can apply to "reactivate" my earlier H1B without having to go through the cap/lottery again this time?

    (2) Short of tracking down my earlier (grumpy) employer, how else can I obtain details of my earlier H1B from USCIS?
    In fact, what details of my earlier H1B are needed in order to "reactivate" it again?

  • #2
    Originally posted by Sukumaran View Post
    Background:

    Way back in 2006-07, I was on OPT (following my masters degree) when my then employer filed for my H1B which was slated to start in October 2007. But in September 2007, I went to India and when I was there, I got accepted into a graduate program in a German university. But before I left in September 2007, my employer had called me to inform me that my H1B had been approved. But when I left him shortly after that, he was not at all fine (understandable) but I did not receive any document or case number either (and of course, never got a H1B stamped either) - I just have his word that he had applied for H1B on which he heard back that it had been approved (and I dont have any reason to doubt these - he was happy with me until the moment I left later)

    Fast forward to today: I will be completing my PhD from a German university in few months. I also have an F2 visa (my wife is a student in US) for the past 3years. Since I will not get any OPT for my German degree, my only option to find a non-exempted job in USA is to find an employer who will file for my H1B directly.

    Questions:

    (1) Is it true that, since F2 and H1B are decoupled and since I left US in 2007, I (rather, my future employer) can apply to "reactivate" my earlier H1B without having to go through the cap/lottery again this time?

    (2) Short of tracking down my earlier (grumpy) employer, how else can I obtain details of my earlier H1B from USCIS?
    In fact, what details of my earlier H1B are needed in order to "reactivate" it again?
    2007 was over 6 Years back, if you didnt use that H1 at all in last 6 Years you cannot re activate it. You need to file afresh in April 2015 with an earliest start date of Oct 2015, if approved.

    This is my opinion not legal advice.

    Comment


    • #3
      @raghvi: I thought the six year period refers to six years in H1B status. Can you provide links to support your thoughts?

      And yes, I will seek legal opinion, but I would like to gather as much info as possible before I seek attorney.

      Thanks raghvi!

      edit:
      Please see the FAQ here at immihelp on this: https://www.immihelp.com/h1b-visa-general-faq/
      Especially the question "Can I use remaining years from a previously approved H1b?" (and the specific paragraph that gives a specific example of someone in US on H1B between Jan 1 1999 - Dec 31 2004, and staying outside US for all of 2005, and re-applying for H1B in 2006 with a cap exemption)
      Last edited by Sukumaran; 01-06-2015, 06:48 PM.

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