H1B petition approved - no stamping done

[sanguine_pm]

Hi, 

 

I have an approved H1B petition which I received in Jan 2014. However, the company that filed my H1B visa has shut down. 

 

How do I use my H1B petition now?

Do I need to file a new H1B visa?

Or can someone file a new cap-exempt H1B visa using my existing H1B petition?

If yes, then how many years will be available on the new H1B visa - 3 years or less than 3 years? 

 

Sorry for the long list of questions. I would be really grateful if you could answer these questions. 

 

Many Thanks,

Prakash

[jairichi]

Where are you located now? If in US then what is your current status?

An employer can file a cap exempt H1B petition and on approval you can travel with a valid H1B visa and I797 and join employer immediately.

[sanguine_pm]

Hi,

 

I am in London right now. Just to clarify, 

 

1. I should seek an offer from a new company B which will file for a cap-exempt H1B petition using my existing approved petition? Please clarify.  

 

2. So, in effect my existing H1B petition could be used only for the cap exemption?

My existing H1B petition is valid until Sep 2016.

 

3. Say the new company B files a cap-exempt H1B visa today, will it be valid for 3 years from today until 30th Aug 2017? Please confirm. 

 

Thanks for your help. 

 

Cheers,

Prakash 

[jairichi]

Hi,

 

I am in London right now. Just to clarify, 

 

1. I should seek an offer from a new company B which will file for a cap-exempt H1B petition using my existing approved petition? Please clarify.  

 

2. So, in effect my existing H1B petition could be used only for the cap exemption?

My existing H1B petition is valid until Sep 2016.

 

3. Say the new company B files a cap-exempt H1B visa today, will it be valid for 3 years from today until 30th Aug 2017? Please confirm. 

 

Thanks for your help. 

 

Cheers,

Prakash 

1. Yes.

2. If you are cap counted once all your future H1B petitions are cap exempt (no need to apply by April and start working from Oct) till you complete 6 years of stay in US on valid H1B status..

3. valid for 3 years from the date of stamping.

[sanguine_pm]

Many thanks for answering my queries.