AjayPrakash Posted September 1, 2020 Report Share Posted September 1, 2020 Hi Members, I have H1B Petition which was approved in 2014 lottery and was valid until 2015 only. Petition was never stamped. I also have the I797 copy with me. Right now, I am in USA on L1 VISA. Is there any possibility to use my old petition to change my visa category to H1B while I am in USA ? Does petition also comes under 6 year cap , if you use it or not ? .. Thanks for any valuable inputs in advance. Quote Link to comment
AjayPrakash Posted September 1, 2020 Author Report Share Posted September 1, 2020 Hi Team, can you please approve the request so that i receive some traction on this post. Quote Link to comment
gopalakrishnach Posted September 1, 2020 Report Share Posted September 1, 2020 I feel since your first H1B was never stamped and never activated now it is gone. You need to go through lottery. I maybe wrong. Quote Link to comment
vicky1del Posted October 1, 2020 Report Share Posted October 1, 2020 No you can go ahead and find a employer who can file a cap exempt petition for you , you are cap exempt if your visa was not revoked by the employer in the same FY in which the h1b was approved Quote Link to comment
JoeF Posted October 1, 2020 Report Share Posted October 1, 2020 If you have not worked on the H1 or you haven't gotten an H1 visa you have not been counted for the quota. A new employer can file an H1 for you in next year's quota. Quote Link to comment
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