Questions regarding H1B and H4 for the experts.

[Amith Bops]

Hi,

I have a valid H1B visa stamped. Its expires in October 2017. Due to personal reasons i was not able to travel even once with this visa. Once the visa expires will i be able to apply it again in the "cap exempt" category. Will there be any issues as i have not traveled at all using the current visa that i have.

Secondly to apply for H4 visa fpr my spouse is there any restriction that my I-797 validity need to be more that 5 months. When i called my company immigration team they told me so but i could not find such an criteria in any of the H4 visa sites.

Response will be appreciated.

Thanks
Amith.

[raghvi]

Hi,

I have a valid H1B visa stamped. Its expires in October 2017. Due to personal reasons i was not able to travel even once with this visa. Once the visa expires will i be able to apply it again in the "cap exempt" category. Will there be any issues as i have not traveled at all using the current visa that i have.

Secondly to apply for H4 visa fpr my spouse is there any restriction that my I-797 validity need to be more that 5 months. When i called my company immigration team they told me so but i could not find such an criteria in any of the H4 visa sites.

Response will be appreciated.

Thanks
Amith.

Yes.
Not required, but recommended to have so.

This is my opinion not legal advice.

[Amith Bops]

Many thanks Raghvi.