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Can the visa be stamped on recently expired H1B petition?

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  • Can the visa be stamped on recently expired H1B petition?

    I came to know from our company OOC cell that my H1B petition was approved but the validity was till 31 December 2019. This notification I got on 15 January 2020. Regarding this I have below queries. I am at offshore in India.

    1. Can the visa be stamped on this recently expired petition?
    2. If yes, then what is to be done before travel to USA?
    3. If no, then what will be the next process?
    4. Can the cap-exempt application be filed for this expired petition?
    5. What is more advisable? To file for cap-exempt application or new fresh H1B application for next year?

  • #2
    Please provide some information on above.

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    • #3
      First, the bigger question is - when did OOC come to know about your application? USCIS does not care when you get it. Important is when did your company came to know about it and if it was before December, 31, 2019 - then why did they not file the extension then?

      1. Can the visa be stamped on this recently expired petition? - No. Stamping cannot happen for sure.
      3. If no, then what will be the next process? - You need to file an extension with information on when did you get the information on approval.
      4. Can the cap-exempt application be filed for this expired petition? - You need to elaborate this.
      5. What is more advisable? To file for cap-exempt application or new fresh H1B application for next year? - If your application was already under CAP, then you can use the same petition to get your H1B extension

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