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H1B Approved, but never used. Now new H1

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  • H1B Approved, but never used. Now new H1

    Hi all,

    I had applied for H1b through a consultant in 2007 and got approval. However i never went for stamping as the employer was not doing well. The petition was expired in 2010 (atleast that is what present in I797).

    Now a new employer want to file a H1 for me.

    1) will it create any problems ?
    2) As it is already expired, does it really required to be cancelled by employer explicitly ?
    3) do they ask any thing about unused h1, during visa stamping interview ?

    Kiran

  • #2
    1. No
    2. No
    3. No

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Excellent...

      Awesome stuff...Really thankful for so prompt response...

      One more followup question.
      1) I can not use that I-797B in any way. Right ?
      2) and my new company **SHOULD** file a new petition for me. Right ?

      Comment


      • #4
        1) I can not use that I-797B in any way. Right ?
        >>> You cannot use the expired petition. However, you can use the CAP from that petition while filing a new one if you wish not to go through the CAP again.

        2) and my new company **SHOULD** file a new petition for me. Right ?
        >>> Yes. A new petition under the existing CAP from the expired petition or they can file a new petition on a new CAP (The CAP is still open).
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks shervin143. Now it is more clear to me.

          Will leave the decision of using/not using CAP, to my new employer.

          Thanks,
          Kiran.

          Comment

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