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  • Unused H1 (expired)

    I applied for H1 through a consultant (lottery system) and got it in 2008. But I didnt go for VISA stamping due to recession. Now it is expired. Can I use it to look out for a job in US now?

  • #2
    You cannot use an expired petition to work. Also, you cannot use one employer's petition to work for another employer. However, the CAP from that petition (since it was filed less than 6 years ago) can be used to file a new H1B petition by any employer and request an immediate start date. Once the new petition gets approved, you can attend the visa interview and travel to U.S to work for the employer who sponsored you the H1B petition. You need not have to go through a new CAP (lottery) again and need not have to wait until Oct 1st to start working if you use the old CAP.

    Originally posted by sathishsundaram View Post
    I applied for H1 through a consultant (lottery system) and got it in 2008. But I didnt go for VISA stamping due to recession. Now it is expired. Can I use it to look out for a job in US now?
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks shervin. I have one more question. How much will they charge for the new H1B petition?

      Comment


      • #4
        The fee for the H1B should be taken care by the employer. It is illegal for you to pay that fees. The fee differs from one employer to another based on the size of the company, total number of H1B workers etc. Search the instruction to file form I-129 in uscis.gov for the latest filing fee.

        Originally posted by sathishsundaram View Post
        Thanks shervin. I have one more question. How much will they charge for the new H1B petition?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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