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Unused and Expired H1B Visa Transfer or Renewal

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  • Unused and Expired H1B Visa Transfer or Renewal

    My H1B petition got approved in 2008 and went for Visa stamping in Dec 2008.

    I never used the H1B to travel USA but I traveled on B1.

    When I went for B1 Visa stamping 2012, they did the stamping on my H1B 'Cancelled without Prejudice.'

    I left the organization who has filed for H1B and dont have petition copy with me. But I have the Petition number which was there on the Visa stamping.

    1. Am I eligible now for H1 Renewal/Transfer. If yes, what would be the procedure?

    2. If Yes, Can I apply with Petition/Receipt number what I have even I dont have a copy of old Petition.

    3. Is there any issue with stamp on my H1B like 'Cancelled without Prejudice.'

    Can someone please help me for further proceed.

  • #2
    1. Am I eligible now for H1 Renewal/Transfer. If yes, what would be the procedure?
    >>> You are not eligible. H1B cap is valid only for 6 years.

    2. If Yes, Can I apply with Petition/Receipt number what I have even I dont have a copy of old Petition.
    >>> N/A. Most employer will not even consider filing the transfer without a copy of the approval notice.

    3. Is there any issue with stamp on my H1B like 'Cancelled without Prejudice.'
    >>> No issues.
    Not a legal advice. Use of this information is strictly at your own risk.

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