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My H1B VISA Petition got approved in 2012

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  • My H1B VISA Petition got approved in 2012

    Hi immihelp,

    I am having less knowledge in this visa processing, but let me ask my doubt.

    My H1B VISA processing filed by my employer in 2012 and the Petition got approved. due to some personal reasons I couldn't able to proceed further.
    Can you please let me know , if there is a chance that I can get my VISA stamped before Sep-30 2015 (because my petition validity is Sep-30 2015).

    Is Visa validity will be dependent on Petition validity ?

  • #2
    Yes. Visa validity will be based on the petition validity. You cannot go for visa stamping if the job doesn't exist now. You will need supporting documents from the employer to prove that the job still exist. The employer who filed your H1B petition can file another petition to extend the validity or any new employer can file a CAP exempt petition for you and when that gets approved, you can go for the stamping to get an extended visa based on the new approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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