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Expired petition and H1 not stamped..whats the chances?

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  • Expired petition and H1 not stamped..whats the chances?

    Hi , Looking for your suggestions for my case . My H1b application was picked up in 2015 lottery (while I was in US on H4 visa) and petition was approved for a year , 07-Jan-2016 to 06-Jan-2017. I went back to India , re-joined my work and did try to get My company to get my H1 visa stamped .But it didn't happen and my petition was expired. So , I returned to US (in Feb) on H4 again. My questions are -

    1. Can I utilize my H1B visa, which was never stamped ?

    2. While applying for any jobs in US , companies normally asks "If you are authorized to work in US?" OR "Would you now or in future need any sponsorship to work in US?" , what should be my answer to these ?

    Thanks in Advance,
    KA

  • #2
    Utilize your visa in what way? In order to obtain another H visa while skipping the lottery? (yes) In order to work for the employer that sponsored that petition that has since expired? (no) In order to gain admission to the United States? (no)

    Are you currently authorized to work in the United States? No, not unless you get H-4 EAD or the employer in question successfully obtains a H visa petition for you
    Will you nor or in the future need sponsorship to work in the United States? Yes, since you aren't currently authorized to work in the United States

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    • #3
      Originally posted by inadmissible View Post
      Utilize your visa in what way? In order to obtain another H visa while skipping the lottery? (yes) In order to work for the employer that sponsored that petition that has since expired? (no) In order to gain admission to the United States? (no)

      Are you currently authorized to work in the United States? No, not unless you get H-4 EAD or the employer in question successfully obtains a H visa petition for you
      Will you nor or in the future need sponsorship to work in the United States? Yes, since you aren't currently authorized to work in the United States
      Thanks for your response :-) .So I guess , I should keep looking for a Sponsorship for my H1. Thanks.

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