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Regarding H1B Visa renewal post expiration or cancelation

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  • Regarding H1B Visa renewal post expiration or cancelation

    Hi,

    I got my H1B visa stamped in the year 2002 (Aug-Sep). However due to personal reasons, i did not visit US. I am not sure if the VISA can be used again or not. Can you please help me understand if i can use the VISA now or the process of renewing the VISA if expired or cancelled.

    thanks,
    Venkatesh

  • #2
    Originally posted by venkytcs View Post
    Hi,

    I got my H1B visa stamped in the year 2002 (Aug-Sep). However due to personal reasons, i did not visit US. I am not sure if the VISA can be used again or not. Can you please help me understand if i can use the VISA now or the process of renewing the VISA if expired or cancelled.

    thanks,
    Venkatesh
    2002 was over 10 years back. It cannot be used now. Had it been issued/approved in last 6 years there was a possibility of it being used. You have to get a new H1 now, the current year cap is over, next year cap will open in April 2013 and the start date can only be on or after 01 Oct 2013. This is my opinion not legal advice

    Comment


    • #3
      typo error on year H1B visa was approved and stamped in the year 2007 not 2002...

      Originally posted by raghvi View Post
      2002 was over 10 years back. It cannot be used now. Had it been issued/approved in last 6 years there was a possibility of it being used. You have to get a new H1 now, the current year cap is over, next year cap will open in April 2013 and the start date can only be on or after 01 Oct 2013. This is my opinion not legal advice

      typo error on year ... H1B visa was approved and stamped in the year 2007 not 2002...

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      • #4
        In that case any employer can file a cap-exempt petition for you.
        This is my opinion and not legal advice.

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        • #5
          Originally posted by kabkaba View Post
          In that case any employer can file a cap-exempt petition for you.
          thanks

          Comment


          • #6
            A similar scenario

            Originally posted by venkytcs View Post
            thanks
            Hi..I have a similar scenario. My H1 was approved in 2005, and I was in the US only for an year in 2007 and my visa expired in 2008 May. My company has now initiated my out of cap H1 visa in Sep 12. Is my case valid for a cap-exempt H1 visa?Please let me know.it will be of great help!! ~ Arpita

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            • #7
              Originally posted by Veevibes View Post
              Hi..I have a similar scenario. My H1 was approved in 2005, and I was in the US only for an year in 2007 and my visa expired in 2008 May. My company has now initiated my out of cap H1 visa in Sep 12. Is my case valid for a cap-exempt H1 visa?Please let me know.it will be of great help!! ~ Arpita
              To clear any doubts about using expired visa. USCIS allows a maximum period of 6 years after visa approval to recapture unused time.
              Add 6 years to your visa approval date to calculate. simple.
              ------------------------
              I reply with my experience and not from any legal perspective.

              Comment


              • #8
                Originally posted by speedracer View Post
                To clear any doubts about using expired visa. USCIS allows a maximum period of 6 years after visa approval to recapture unused time.
                Add 6 years to your visa approval date to calculate. simple.
                Ok. thanks for your help! It means, I am not eligible for the cap exempt as it has been more than 6 years since my visa approval. But my company has initiated it, does it mean it will get rejected by USCIS?wouldnt my company's legal team already have checked this point?

                Comment


                • #9
                  hi

                  Originally posted by Veevibes View Post
                  Ok. thanks for your help! It means, I am not eligible for the cap exempt as it has been more than 6 years since my visa approval. But my company has initiated it, does it mean it will get rejected by USCIS?wouldnt my company's legal team already have checked this point?

                  Hi Veevibes,
                  Can you tell me what happened to you application. Did it pass through or did it get rejected. My case is similar - my visa got stamped in 2007 and got expired in 2009. Does it qualify for H1 exempt category? Please let me know

                  Comment


                  • #10
                    H1B Approved But not stamped, Can It be renew3d ?

                    My H1B Approved in 2008 and Expired in 2011, But the visa was not stamped at all, Can It be renewed again?
                    Last edited by savit_21; 10-24-2013, 06:35 AM. Reason: typo

                    Comment


                    • #11
                      Originally posted by savit_21 View Post
                      My H1B Approved in 2008 and Expired in 2011, But the visa was not stamped at all, Can It be renewed again?
                      Yes it may be possible if you have the approval notice with you.

                      This is my opinion not legal advice.

                      Comment


                      • #12
                        H1B Visa renew process after it got expired

                        Hi, My company filed H1B visa for me in year 2009 and it got stamped in 2010. I stayed in US for only 7 months and then returned back to india. This VISA got expired in year 2012. Still i am with same employer. Can this visa still be renewed and what is the process...

                        Thanx
                        Pradeep

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                        • #13
                          Hi,

                          I recently got my H1B Visa stamped for client A at Illinois. I have never entered US on this stamped visa. And now the client A no more had the requirement and hence my company has asked me to change to client B at Portland, Oregon. They have applied for amendment with client B details in non-premium process. I was asked to travel next week to client B (Portland location).

                          1) Could you please let me know the necessary documents required in order to travel for client B?
                          2) Is it alright to travel with the H1B amendment in pending for the client and location change?
                          3) Can I travel with the old I-797 petition documents and new client invite letter + Work Authorization Letter to this new location?
                          4)Or will I have to wait for the amendment approval and then travel? Also, is the LCA for the new client B and I-129 necessary?

                          As it is an emergency situation woth client B and I am required there immediately by next weekend. Could anybody please help me on this at the earliest?

                          Thanks!

                          Comment


                          • #14
                            Visa Expired , Cancelled without prejudice :

                            Hi,

                            I have a old H1B visa ( never used) It got cancelled ( without prejudice) when my current company filed for B1 visa in 2008. My current company is different from the company which filed my US visa.

                            I never used the H1B visa and it got expired in sept 2011.

                            Question: Can I reinstate the H1B visa with a fresh emplyer when i am in US ? Is the petition still valid?

                            Also I have a fresh L1B visa . Can I convert the L1B visa into H1B visa.

                            Comment


                            • #15
                              hi,

                              Need expert advice on renewal of H1B visa which is expired

                              My H1B Visa was approved on 2008 dec and valid till 2011 sep', I have stayed in the US for 8 months and returned back. Since then I have never traveled back again.

                              Kindly advice if I my H1B visa holds good for renewal or should it need a fresh filing?

                              I'm with the same company till date.

                              Regards
                              Ramesh

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