Can I still use my H1B visa?

[sanrin]

INFO:

- Been on E2 visa since 2013
- on April 2015: got selected from H1B lottery
- on July 2015: went back to Spain, did the interview at the Consulate and got my H1B on my passport
- on July 2015: re-entered the US, with the E2 visa (not the H1B)
- on 30th October 2015: my last day at the company who sponsored me my H1B
- left US and re-enter on September 2016 with F1 visa doing a master

Now, my question is: if I find a job, can the company use my old H1B? is it still valid?
I mean I never re-enter and got a stamp on the H1b on my passport, so I have the doubt that my H1B can't be used anymore.

Please let me know

[scientist2016]

Your new employer can file for your H1B under the cap exempt status, since you have already been counted under the cap via your previous H1. If you are already in the US they can file under COS, so you would not have to leave the country for getting your passport stamped.

[sanrin]

Your new employer can file for your H1B under the cap exempt status, since you have already been counted under the cap via your previous H1. If you are already in the US they can file under COS, so you would not have to leave the country for getting your passport stamped.

Ok good to know thanks.
I thought that since I never had stamps on my H1B passport it was like I have never activated my H1b visa

[scientist2016]

A visa and petition are two different things. Your petition was approved, you never got a visa. A visa is used only for entry. Beyond that it does not confer any other status.

[sanrin]

A visa and petition are two different things. Your petition was approved, you never got a visa. A visa is used only for entry. Beyond that it does not confer any other status.

OK so in my case, I am in the US and with F1 now, when I finish my master I think I can tell the company that hires me to use my old H1B.
Correct?

[scientist2016]

Yes. They would then file a cap exempt H1B as COS. Once that is approved, you will automatically convert to H1B on the date mentioned on your petition. But you need to maintain a valid status until then, or else your COS request will be denied, and you certainly will have to go out of the US, get the visa stamped, re-enter and only then start working using your H1.

[sanrin]

Yes. They would then file a cap exempt H1B as COS. Once that is approved, you will automatically convert to H1B on the date mentioned on your petition. But you need to maintain a valid status until then, or else your COS request will be denied, and you certainly will have to go out of the US, get the visa stamped, re-enter and only then start working using your H1.

Yes I will be on OPT by the time I convert back to H1B

Thanks