Help Reqd on H1B validity

[Shikha1234]

Hi,

I have H1b filed and stamped from Employer A. It is going to get expired in another 3 months. Currently I am not working with employer A. Also, I did not utilize the H1B till the time I was with that employer. Will the visa still hold valid in case I want to re-join Employer A? Is there any website through which I can check if the visa is valid or Employer A cancelled it after me quitting the organization?

[shervin143]

I think you are talking about the petition and not the visa in your passport. Your employer is the only source who can tell you whether they have revoked the petition or not. You can also check your case staus online, but the information there is not always up-to-date. Most of the time, the correct information is not updated there especially in case of revoked petitions.
http://www.immihelp.com/processing-t...atus-check.jsp

[Shikha1234]

Yes. i was talking abt the petition. i checked the status online and it is post decision activity. thanks for the info.
however i have another doubt. in case the petition is still valid, and i do not utilize the visa till the expiry date, can it be renewed after the exp date? or is there a rule that i need to go before the expiry date to get it renewed?

[shervin143]

H1B period in total is for 6 years. Only the time spend in H1B + L1 status in U.S counts towards the 6 year term. If you haven't used all 6 years in that CAP, then any employer can file a new H1B petition using the CAP from the existing petition and request an immediate start date.

[Shikha1234]

The H1b stamped with me has a 3 year validity period (as per the "Valid Upto" date written on the stamp). So, as per your reply, I consider it can be renewed after that 3 year expiry date for another 3 year extension - which makes it 6 years.

Thanks for the prompt reply.

[shervin143]

Are you in U.S now? If yes, what is your current immigration status? You have mentioned that you are not working for employer A. If so, are you working for a different employer in H1B status?

The H1b stamped with me has a 3 year validity period (as per the "Valid Upto" date written on the stamp). So, as per your reply, I consider it can be renewed after that 3 year expiry date for another 3 year extension - which makes it 6 years.

Thanks for the prompt reply.

[Shikha1234]

No, I am not in US; but in India. Working for Employer B. Left Employer A one year back through which my H1B was stamped in Oct 2008; but my visa was never utilized. That is why i was wondering whether I can go back to Employer A and can they utilize my visa now.

If I check my online status now, it is 'Post Decision Activity'

Thanks!

===

today i was looking at some forums and as per them some payslips till the time i was in US on H1b will be required for extension. So does that mean that Employer A needs to send me to US before the 3 year expiry date mentioned in my visa before they actually apply for an extension?

[shervin143]

No, I am not in US; but in India. Working for Employer B. Left Employer A one year back through which my H1B was stamped in Oct 2008; but my visa was never utilized. That is why i was wondering whether I can go back to Employer A and can they utilize my visa now.
>>> If that job still exist, then you can go back to employer A. If employer A hasn't revoked your petition, then you can use that petition with a valid H1B visa to travel to U.S. You may need to show documents stating that the job still exist (Example: Employment verification letter, client letter etc) at the POE.

today i was looking at some forums and as per them some payslips till the time i was in US on H1b will be required for extension. So does that mean that Employer A needs to send me to US before the 3 year expiry date mentioned in my visa before they actually apply for an extension?
>>> Pay slips are required only if you have worked in U.S in H1B status. If you haven't worked in U.S, then pay slips are not required. Any employer can file a new H1B using the CAP from the existing approval notice and request an immediate start date. You are already CAP counted and you don't have to go through the quota again.

[shervin143]

In order to renew the visa, you need a renewed petition. Visa is issued only till the petition expiry date. First of all you need a valid petition to attend the visa interview.

The H1b stamped with me has a 3 year validity period (as per the "Valid Upto" date written on the stamp). So, as per your reply, I consider it can be renewed after that 3 year expiry date for another 3 year extension - which makes it 6 years.

Thanks for the prompt reply.

[Shikha1234]

Thanks Shrevin. You cleared all my doubts.

[SwapnaK]

Shervin 143, does the same CAP apply for the case where I started using EAD and now want to go back to H1? My H1 petition was approved in 2006 and I used the visa to work for 10 months. I got the H1 visa stamped which was valid till Nov 2009. After this I got EAD and started working on EAD. Used AP for travel purposes. Now I want to go back on H1 because of few 485 issues. Can I use my previous H1?
I have changed several employers since 2006 and now have a new employer who is willing to transfer or apply for the renewal of this H1 with immediate start date to hire me for a job he has. Will this work?
Thank you much in advance for your time and advise.

[shervin143]

If you haven't used all 6 years in that CAP (H1B + L1 combined), then you can still use that to get the remaining period.

[SwapnaK]

Thank you so much for quick response. When you say CAP, does it mean I can use the same petition from or need to apply for H1 from new quota?

[shervin143]

New petition using the old CAP (quota).

Thank you so much for quick response. When you say CAP, does it mean I can use the same petition from or need to apply for H1 from new quota?

[SwapnaK]

Thanks much!!