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  • H1 Petition - Validity over

    Hi All,

    I got my I-797B or H1B approved on date June 06, 2008 with Valid From - 10/01/2008 to 09/30/2011.

    However, I never went for stamping due to various reasons.

    Right now I am in India and want to explore option for employment in US. Can someone tell me if there is any way I can use this H1B now, or it's just a junk piece of paper now ?

    Thanks!
    Vijay

  • #2
    You cannot use that petition anymore as it has expired. However, the CAP in that approval notice can be used since that petition was approved within the last 6 years. Any employer can file a new H1B petition for you using the CAP from that petition and request an immediate start date. You don't have to go through quota again and you don't have to wait until Oct 1st to start working. That is the only benefit.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks a ton !!

      --Vijay

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      • #4
        Hi Need your help

        Originally posted by shervin143 View Post
        You cannot use that petition anymore as it has expired. However, the CAP in that approval notice can be used since that petition was approved within the last 6 years. Any employer can file a new H1B petition for you using the CAP from that petition and request an immediate start date. You don't have to go through quota again and you don't have to wait until Oct 1st to start working. That is the only benefit.
        Hi Shervin ,

        I need to clarify one thing i got my H1B Petition in the year 2008 and i also i got the Visa Stamping in
        December 2008 and after that i had never traveled to US and never used the same and currently the visa which i got stamped got expired ,
        Now i am planning to use the same , can you please let me know if i can use the same petition and get the stamping done once again ,
        Also let me know if i can transfer the same petition to some other company or not

        Thanks for your great info
        Last edited by trivenigk; 05-21-2012, 07:38 AM.

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        • #5
          How can you use the same petition, it must have expired already.
          Your prospective employer (any) can file a cap-exempt petition for you at any time, by using the cap from the previous petition. After that is approved, you can apply for your Visa using that petition.
          This is my opinion and not legal advice.

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          • #6
            Thanks !!

            Thanks for your reply , i mean that refiling of the petition only

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