Validity of Unused H1 B after stamping done

[skk2007]

hi,

My H1 B petition is approved in 2007 and got it stamped in Aug 2008

The stamping is "cancelled without prejudice" when my L1 B is stamped in 2008 and I travelled to USA on L1 B.

I've not used the H1 B visa/petition so far

Is it possible for me to use the same petition and go for a stamping now?

thanks,

KK

[jairichi]

hi, My H1 B petition is approved in 2007 and got it stamped in Aug 2008 The stamping is "cancelled without prejudice" when my L1 B is stamped in 2008 and I travelled to USA on L1 B. I've not used the H1 B visa/petition so far Is it possible for me to use the same petition and go for a stamping now? thanks, KK

That petition would have expired by now. New employer can file a cap exempt H1B petition.

[skk2007]

Thank you jairichi,

Does it mean that the new H1 B petition need not go through the lottery process?

 

thanks

[jairichi]

Thank you jairichi,

Does it mean that the new H1 B petition need not go through the lottery process?

 

thanks

Nope. It is cap exempt. An employer can file anytime and you can start working for H1B employer immediately after approval. You will be eligible for 6 years - time spent in US on L1B.

[skk2007]

Thanks a lot for the prompt response,

One last question, since the previous H1 B stamping is cancelled, will it be any problem with new petition?

[jairichi]

Thanks a lot for the prompt response,

One last question, since the previous H1 B stamping is cancelled, will it be any problem with new petition?

No problem.

[dhanapaal]

Spent 5 Years in United States on L1-B Visa since 2006

Later While @ US, Converted the Stay to H1-B and Stayed for 1 Year ( in 2011 QUOTA)

6 years completed and went out of US as petition expired.

Now have stayed more than one year outside United States.

GC was not filed at any point of time.

Am I eligible to file an extension petition against old H1B to get the remainder 5 years ?

 

USCIS Reference

 

I read below statement in above link.

 

"An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."

 

Above statement says, "may not seek change status/extension" "unless the alien has resided " "for the immediate prior year." 

 

Can my employer file a Cap-Exempt H1B ?

[jairichi]

 

Spent 5 Years in United States on L1-B Visa since 2006

Later While @ US, Converted the Stay to H1-B and Stayed for 1 Year ( in 2011 QUOTA)

6 years completed and went out of US as petition expired.

Now have stayed more than one year outside United States.

GC was not filed at any point of time.

Am I eligible to file an extension petition against old H1B to get the remainder 5 years ?

 

USCIS Reference

 

I read below statement in above link.

 

"An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."

 

Above statement says, "may not seek change status/extension" "unless the alien has resided " "for the immediate prior year." 

 

Can my employer file a Cap-Exempt H1B ?

 

No, you need to go through quota again.