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Unused Expired H1 Visa

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  • Unused Expired H1 Visa

    I was on H1 visa in the US from Feb-2005 to Feb-2011 and on H-4 visa from March-2011 to Sep-2011 Now I am presently in India doing my one year out of the country.

    In 2000 and 2001, I had got two I-797 approvals. For the first one, I went for stamping but I never travlled to USA using that visa. For the second one, I never went for H1 stamping. So basically the H1 approvals which I recieved in 2000 and 2001, I never used them nor travelled to US on that visa.
    When I recently checked the USCIS website for the status of those 2 I-797 approvals, this is what I got
    -- On March 28, 2001, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.
    -- On February 2, 2000, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.

    I am planning to go back to US this year (Sep-2012). My Husband is presently in the US on a H1 visa. I plan to go to US on a H4 visa and once I find an employer, ask the Employer to use my old H1 approvals (the ones I got in 2000 and 2001) and get me a new H1B. So basically I will not be using the H1B cap of 2012 (cap-exempt).

    My question are as follows
    a) Can I use my old H1B approvals and do a new H1, so I will not be filed against the 2012 H1B cap. When I was checking for answers in the Internet, I was getting mixed responses, so I thought I would check here.

    b) I heard also there are some websites where they charge around 50 to 100$ to answer these kind of questions. If you can suggest me someone that is trustworthy that would be helpful

    Thanks

  • #2
    You cannot use the CAP from a petition that was approved in 2000 / 2001. The petition should be approved within the last 6 years to use the CAP to file a new petition.
    Last edited by shervin143; 01-18-2012, 11:43 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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