Validity of H1B petition

[Pname1981]

Hi Friends,

My wife got her H1B approval notice in Oct 2010 with validity from Oct 2010 to Oct 2013.

However, she never really converted to H1B or used it.  

Can we use it now in 2017 to convert from H4 to H1B. Please let me know.

 

Regards

 

[JoeF]

If she never was on H1, it may be hard.

They nowadays limit the exempt time to 6 years after last being on H1, or getting the H1 approval, whichever is later.

And since 2015, they don't consider a person counted for the quota unless the person actually started working on the H1.

[GC_Visa]

Yes she might be able to use it. Please approach a legit company and their attorney might be able to suggest. Do not approach a body shop where you are paying for the visa. There is no requirement to work on H1B before transferring to another employer but since approval is from 2010 you need to talk to the company who is ready to sponsor the visa.

[Pname1981]

Thank you JoeF and GC_Visa...

She was never on H1, but completed 4 years on L1.

We are planning to approach the same consulting company who holds her H1B. 

Regards