H1B petition Expired

[Navs]

Hi,

I have got H1b Petition from my previous employer, which was valid from Oct 1st 2005 till 25th March 2008. Now it is expired. My new employer wants to file a new H1B for me with immidiate start date.
1. Can this old petiion be used now to file for a new petiion (using old H1B Cap/quota)
2. Or I'll have to wait for April1st to file for a new petition (using this year's H1B Cap)?

Please let me know asap. Really appreciate your help/support in this regard.

Regards,
Navs

[shervin143]

How much time have to spend in the old CAP (H1B + L1 combined) in U.S? If you haven't spend all 6 years, then any new employer can file a new H1B petition using the CAP from the old petition and request an immediate start date (Give the new employer a copy of your old petition). You will only get the remaining time that is not utilized in that CAP. If you have already spend 4 years, then you will get only 2 years in that CAP and after that you need to spend 1 year outside U.S to get afresh 6 year period in H1B (Unless GC PERM is filed 365 days prior to the 6th year end).

[rkalsulkar]

Hi Shervin, I am in a same situation and I don't have Notice of Approval with me. I only have Receipt Notice (I-797C). Is this sufficient for this purpose?
This petition was filed in year 2006 and was approved (my employer was sending me for stamping in India but I never got stamped).
However on USCIS website status is showing up as Initial Review. What does that mean?

[shervin143]

Answered in your original post.

Hi Shervin, I am in a same situation and I don't have Notice of Approval with me. I only have Receipt Notice (I-797C). Is this sufficient for this purpose?
This petition was filed in year 2006 and was approved (my employer was sending me for stamping in India but I never got stamped).
However on USCIS website status is showing up as Initial Review. What does that mean?

[Navs]

Hi Shervin,

Thanks for your reply. I never travelled on that petition/visa, so i believe i'll get full 6years validity.

My only doubt/question is:
Since, my petition was filed & approved in 2005, so it is more than 6 years, when it was filed. And i've heard that H1 Cap is valid for 6 years & Since its 2012 now, So, haven't we crossed that 6 years validity period?

So just wanted to reconfirm again if I am still eligible to reapply for H1B again based on my previous H1 Cap/quota?

Thanks,
Naveen Raheja

[shervin143]

If it is more than 6 years and if you haven't used that H1B CAP, then you need to go for a new H1B on a fresh new CAP that will open in April 1st 2012.

[rkalsulkar]

Hi Shervin,

I have 2 questions. Please see if you can provide answers to these.

1. My old H1 petition was file on May 18 2006 which got approved. Considering this is Jan 2012, I assume that I can still use old Cap. Is that correct?
2. I do not have 'Notice Of Approval' for this old H1 with me, what I have is 'Receipt Notice'. Is it mandatory to have 'Notice Of Approval' while filing new H1 petition or is it sufficient to have 'Receipt Notice'?

Thanks in advance.

[shervin143]

1. My old H1 petition was file on May 18 2006 which got approved. Considering this is Jan 2012, I assume that I can still use old Cap. Is that correct?
>>> Yes.

2. I do not have 'Notice Of Approval' for this old H1 with me, what I have is 'Receipt Notice'. Is it mandatory to have 'Notice Of Approval' while filing new H1 petition or is it sufficient to have 'Receipt Notice'?
>>> Receipt number will work if you know for sure that receipt number provided to you by your employer actually belongs to you.

[rkalsulkar]

Thank you Shervin, your help is very much appreciated.

[silverprince]

If it is more than 6 years and if you haven't used that H1B CAP, then you need to go for a new H1B on a fresh new CAP that will open in April 1st 2012.

Hello Shervin,

I need some clarification on this. In this line quoted above, you've said that one cannot be cap exempt if they have not "used" previous H1CAP and is more than 6 years. Now is this because of having "not used" or because of 6 years passing?

I am asking this, in relation to my situation below. Please guide.

I first got my H1b petition approved in Jun 2004. I made 2 visits to US

4/Dec/2005 to 30/Jan/2006
24/Sep/2006 to 2/Dec/2006

No further travel. Visa expired in Feb 2007. I changed employer.

I got married in Jan 2012 and my wife is L1 holder. I applied for L2 and I got it last week.

My question is, if I apply for a fresh H1b, am I cap exempt or not?

[shervin143]

Well, I guess I didn't put that correctly in my previous reply. Not using the approved petition it is not an issue. If the petition effective date is not within the last 6 years, then you cannot use that petition to get exempt from CAP. One H1B CAP is valid only for 6

Hello Shervin,

I need some clarification on this. In this line quoted above, you've said that one cannot be cap exempt if they have not "used" previous H1CAP and is more than 6 years. Now is this because of having "not used" or because of 6 years passing?

I am asking this, in relation to my situation below. Please guide.

I first got my H1b petition approved in Jun 2004. I made 2 visits to US

4/Dec/2005 to 30/Jan/2006
24/Sep/2006 to 2/Dec/2006

No further travel. Visa expired in Feb 2007. I changed employer.

I got married in Jan 2012 and my wife is L1 holder. I applied for L2 and I got it last week.

My question is, if I apply for a fresh H1b, am I cap exempt or not?

[srisoftram]

Cap-Exempt

Hi,

My H1B petition was filed on April 2008 cap.

I have never gone for stamping until today; hope this is cap exempt?

If cap- exempt? need to file H1B again now to get stamping?

if so, Do i have to pay again for H1B filing though it is cap-exempt?

Kindly clarify me.

Thanks,
Sriram

[shervin143]

I have never gone for stamping until today; hope this is cap exempt?
>>> Stamping and CAP{ exempt are two different things. Do some basis reading on the forum about what a CAP exempt petition is.

If cap- exempt? need to file H1B again now to get stamping?
>>> You need a valid petition to go for the stamping. Do yuo have a valid H1B petition and are you going to work for the same employer in U.S. If not, you have to ask your U.S employer to file a new petition using the CAP from your previous H1B petition.

if so, Do i have to pay again for H1B filing though it is cap-exempt?
>>> Yes, H1B petition fee need to be paid and it should be paid by the employer. It is illegal if you pay your own H1B filing fee.

[srisoftram]

Cap-exemption

shervin,

another doubt

1) An employer can file anytime even after this cap is over for 2013 this year if petition is cap-exempt or to be filed before the current year cap is closed.

2) Is it mandatory I should go for stamping to my home country or can i get stamping from the country where I am working now (on workpermit in UK).

Thanks,
Sriram

[akhil_agarwal1]

1) An employer can file anytime even after this cap is over for 2013 this year if petition is cap-exempt or to be filed before the current year cap is closed.
--Your employer can file anytime irrespective of the 2013 cap.

2) Is it mandatory I should go for stamping to my home country or can i get stamping from the country where I am working now (on workpermit in UK).
--As per my understanding you should be able to take a visa interview in UK.