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How can I trigger approved H1B from 2018 which is never used

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  • How can I trigger approved H1B from 2018 which is never used

    1. 2018, April: I filled my H1B with Employer A and it got picked in lottery.
    2. 2018, September: I got married and came to US on L2 visa. At this time, my H1B visa was not approved.
    3. 2018 November: I got my L2 EAD and got a job on my EAD with Employer B. Even at this time, my H1B visa was not approved.
    4. 2018 December: I got H1B approved for three years which expires in June, 2021. but never triggered as I got a job with Employer B. I never worked with Employer A but they did not revoke my H1B application. So, it is still valid.
    5. March, 2020: My L2 EAD expired. I had to resign from my job with Employer B
    6. March, 2020: I am on H4 visa now.
    7. As of today: At this point, I need to use my H1B to start working with an Employer C or in fact any employer.

    Can i use my H1B petition with Employer C to start working again using "Change of status" petition?
    Last edited by visa_2014; 06-23-2020, 09:17 AM.

  • #2
    Your new employer can file a cap exempt petition (on the basis of your previously approved petition) and can take it from there.
    Just an opinion; Not legal advice.

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    • #3
      Would this be an issue that I never worked with Employer A who filed my H1B?

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      • #4
        I would really appreciate if someone can help me on this. My scare is -

        Since, I never worked with Employer A who filed my H1B and I never went on H1B status, would it be an issue?

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        • #5
          I spoke to an attorney on this case today and they mentioned that there are two options right now:

          A. First, Change of status: from L2 to H1B - but it is a risk as i never worked with employer A (please see the details in my first note of this query)

          B. Second, consular processing and get my H1B triggered and hoping it will be a smooth process. In this case, I might not be asked to provide any paychecks from employer A as I never worked with them.

          I am very worried and hoping to get some help on the forum.

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          • #6
            Just wanted to post the update - Visa application got approved.

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