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  • H1b petition date validity question

    Hi All,

    Please reply to this question. In 2009, a company applied my H1B. I got selected by lottery system. I got my H1B visa.
    Issue Date (27-Oct-2009) and Expiry Date (21-Sept-2012). I had never used it. Please answer my following questions?

    1.Since the visa is expired, but my H1 petition is not. Do i have to start over with H1B lottery process, or i can still use my H1 petition?
    2.Can i get cap exemption of 6 years. If yes, till which date, someone can file my new H1B from the old petition?

    Thank You

  • #2
    One H1B CAP is valid for 6 years. You are eligible to be exempted from CAP if you file the transfer before the 6 years runs out. The employer can initially request 3 years and then extend it for another 3 years.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      friend,

      I was in similar situation. Mine was issued in 2008 and expired in 2011, never used.
      Recently, I managed to get my petition approved under CAP exemption.

      Cheers....!

      Originally posted by ray2015 View Post
      Hi All,

      Please reply to this question. In 2009, a company applied my H1B. I got selected by lottery system. I got my H1B visa.
      Issue Date (27-Oct-2009) and Expiry Date (21-Sept-2012). I had never used it. Please answer my following questions?

      1.Since the visa is expired, but my H1 petition is not. Do i have to start over with H1B lottery process, or i can still use my H1 petition?
      2.Can i get cap exemption of 6 years. If yes, till which date, someone can file my new H1B from the old petition?

      Thank You

      Comment

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