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The H1B was approved but it was never stamped or worked. Can we still use this H1B ?

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  • The H1B was approved but it was never stamped or worked. Can we still use this H1B ?

    Question:
    The H1B was approved but it was never stamped or worked. Can we still use this H1B approval for transferring to a new employer?

    Guys,
    I have a very basic and simple question, need your Urgent reply.
    My H1b was picked in April-2008, but it was never used and stamped. I have my I-797B form with approval notice from Oct-2008 till Sept-2011.
    Now, whether I can invoke my H1b again, and it will fall under CAP-exempt category, where new employer / sponsor can transfer it and go for priority processing.
    OR
    I have to go for fresh filling on April-2017?
    Do let me know if I can use my old H1b or it is of no use now?
    Your responses are most welcome.

  • #2
    You will have to go through the cap process afresh, since the H1 was not used in the last 6 yrs.
    Just an opinion; Not legal advice.

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