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H1B petition which was approved in 2007

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  • H1B petition which was approved in 2007

    Hi ,

    I would like to know about my H1B petition which was approved in the year 2007 through a India based employer,during that time they had communicated the petition receipt number but unfortunately I don't have any other documents of it. I couldn't go for its stamping till now because I was in US working under a different employer till 2009 and after that the company had been closed their operations.

    My questions is , is there any way to go for stamping using the above mentioned petition ?? If yes ,please let me know its procedure.

    Regards,
    Raghu

  • #2
    First of all a petition filed in 2007 would have expired a long time ago. You need a valid petition to go for stamping.
    Second, the job should still exist as of the date of the visa interview. If that company has already closed, then it is clear that the job doesn't exist anymore.
    Third, you need a hard copy of the petition to appear for stamping. A receipt number alone is not enough.

    So the short answer is NO.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1B petition approved in 2007

      Originally posted by shervin143 View Post
      First of all a petition filed in 2007 would have expired a long time ago. You need a valid petition to go for stamping.
      Second, the job should still exist as of the date of the visa interview. If that company has already closed, then it is clear that the job doesn't exist anymore.
      Third, you need a hard copy of the petition to appear for stamping. A receipt number alone is not enough.

      So the short answer is NO.
      Thanks for the reply.

      When I check the H1B status in uscis site it says "Approved" , if that is the case, Is there any way to apply for duplicate petition ??
      once I get a duplicate/new petition then I can transfer it to a new employer.
      The H1B applied employer closed their operations, otherwise I could have collected the petition from him.
      Somewhere in the website I read that I can go for stamping even now but I need to submit an affidavit.

      Please let me know your thoughts on this.

      Comment


      • #4
        When I check the H1B status in uscis site it says "Approved" , if that is the case, Is there any way to apply for duplicate petition ??
        >>> You cannot apply for a duplicate petition. Only the employer who filed the petition can apply for a duplicate.

        once I get a duplicate/new petition then I can transfer it to a new employer.
        >>> Nope. H1B CAP is valid only for 6 years. Your CAP has already expired.

        The H1B applied employer closed their operations, otherwise I could have collected the petition from him.
        Somewhere in the website I read that I can go for stamping even now but I need to submit an affidavit.
        >>> Not sure where you read that. But that information is incorrect.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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