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  • Unused Expired H1B Visa

    Hi All,
    This could be repeated however I am not aware of latest facts and news so I am asking this again.
    I had my H1B Visa approved on oct 2007 which Expired in Sept 2010.
    But I didnt go to USA ever meaning completely unused H1B at expiration.
    Is it possible to Extend or Renew or transfer or something like that to use that VISA again?
    If yes then please give me pointer or information how could I do it?
    If No then let me know if this affects or impacts the newly filed H1B if possible to file.

    I appreciate your help.
    Manish

  • #2
    Originally posted by ManishJape View Post
    Hi All,
    This could be repeated however I am not aware of latest facts and news so I am asking this again.
    I had my H1B Visa approved on oct 2007 which Expired in Sept 2010.
    But I didnt go to USA ever meaning completely unused H1B at expiration.
    Is it possible to Extend or Renew or transfer or something like that to use that VISA again?
    If yes then please give me pointer or information how could I do it?
    If No then let me know if this affects or impacts the newly filed H1B if possible to file.

    I appreciate your help.
    Manish
    Adding to the above query, I have a similar question.
    My wife got her H1B stamped during October 2007.
    After that we got married and she had to quit that company and join me as my dependent. Her company cancelled her visa. There is a cancelled stamp on her visa now. She never travelled on that H1-B.

    That visa had 10-oct-2007 till 25-Mar-2010 as the start and end dates. Now, if an employer is willing to offer her a job, can the same cancelled H1 be used or does she has to go for a fresh petition?

    She is presently in USA as my dependent in H4 visa. If the same H1 can be used, does she has to go out of USA for stamping?

    I appreciate your help in this! Thank you!

    Comment


    • #3
      Originally posted by ManishJape View Post
      Hi All,
      This could be repeated however I am not aware of latest facts and news so I am asking this again.
      I had my H1B Visa approved on oct 2007 which Expired in Sept 2010.
      But I didnt go to USA ever meaning completely unused H1B at expiration.
      Is it possible to Extend or Renew or transfer or something like that to use that VISA again?
      If yes then please give me pointer or information how could I do it?
      If No then let me know if this affects or impacts the newly filed H1B if possible to file.

      I appreciate your help.
      Manish
      If you find another job, the employer can file a cap-exempt petition for you using the cap from your previously approved petition. This means petition can be filed even if H1 cap gets closed and with immediate start date (no waiting till Oct 1). So the first step is finding a qualified US job. Be careful with consultants since their petitions involve extra scrutiny and don't ever pay for your H1 petition.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by vs83 View Post
        Adding to the above query, I have a similar question.
        My wife got her H1B stamped during October 2007.
        After that we got married and she had to quit that company and join me as my dependent. Her company cancelled her visa. There is a cancelled stamp on her visa now. She never travelled on that H1-B.

        That visa had 10-oct-2007 till 25-Mar-2010 as the start and end dates. Now, if an employer is willing to offer her a job, can the same cancelled H1 be used or does she has to go for a fresh petition?

        She is presently in USA as my dependent in H4 visa. If the same H1 can be used, does she has to go out of USA for stamping?

        I appreciate your help in this! Thank you!
        Your wife's prospective employer can file a cap-exempt petition with immediate start date at any time for her. After approval with change of status, she can start working.
        This is my opinion and not legal advice.

        Comment


        • #5
          Thank you kabkaba!

          Comment


          • #6
            H1B petition expired

            My H1B petition is approved in 2008 and did not use till now . I did not go for visa stamping. It is more than 6 years now. I have not traveled to US on any visa.

            Is my H1B petition still valid?

            If it is valid can i use the same petition and go for visa stamping

            Comment


            • #7
              Same case here

              Sunil did you get an answer to your query? I have an exact same situation. Pls let me know
              Originally posted by sunil y View Post
              My H1B petition is approved in 2008 and did not use till now . I did not go for visa stamping. It is more than 6 years now. I have not traveled to US on any visa.

              Is my H1B petition still valid?

              If it is valid can i use the same petition and go for visa stamping

              Comment


              • #8
                You have to start the process all over again.
                This is not a legal advice. Use at your own risk.

                Comment


                • #9
                  You can use the existing approval and file a new petition under cap-exemption.
                  Try to find a good employer to sponsor you. I did the same thing.

                  [This is not a legal advice, just my personal opinion]


                  Originally posted by AnuToUS View Post
                  Sunil did you get an answer to your query? I have an exact same situation. Pls let me know

                  Comment

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