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Never used H1B. expired in 2007. Renewal possible?

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  • #16
    Originally posted by patilyeshwant View Post
    Hi All,

    My H1B VISA was Valid from 10/01/2006 to 3/21/2009, during this period I never travelled and never been to US. So it is almost 8 years completed.

    1. Am I eligible to file again in the CAP EXEMPT quota if any company is ready to sponsor.

    2. 6 years validity will start from 10/01/2006 OR 3/21/2009.

    3. How can utilize this previous petition.

    4. Is there any solution of utilizing after completing 6 years OR we can not use at all ?

    Please give your advice/suggests to me on this.

    Thanks
    As long as the previous petition was not revoked, denied, or withdrawn, another company can use the same CAP number for an extension. The 6 year validity will start the day you arrive in the US on an H1B visa. To utilize your cap case, you must provide evidence that you were granted a cap case. If you do not have a copy of the 797, you can just provide the receipt number and USCIS can find that petition to determine if you can receive a new employment petition and still be CAP Exempt. If an employer filed an Labor Cert. with the Department of Labor, and an I-140 within 180 days of an approved Labor Cert, with USCIS, you can receive extensions until you become eligible for adjustment to a Green Card.
    This is purely my opinion and does not constitute legal advice.

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