H1 - B ( Unable to utilize)

[Sunil Kumar Kaza]

Hi All,

My wife got H1-b ( I - 797) in 2014 Valid from 10-1-2014 till 8-31-2017. However, during her VISA interview at consulate(2014), she got 221- g, to provide necessary documents. Then the employer failed to provide necessary documents. The case was unanswered for an year and in 2015, it got expired. Thus, she never utilized her H1-B, and didn't get an opportunity to work under H1-B and  her H1 -B expired. 

As i got my H1-B, she came to USA on H4 as dependent. Few questions that i may need someone to guide,

- Can we still utilize her H1-B? 

- Reached few employers, who didnt like to transfer her H1-B, what are other options?

- What are the steps i should follow, to bring her H1-B in to force and can be utilized?

- Or should my wife need apply for new H1-B under CAP, as the previous I-797 copy will no longer be valid?

I am stuck with this since last year and half and couldn't move forward. Any suggestion from experienced people or attorneys can be highly appreciated, as all my doors are closed in this perspective.

[gopalakrishnach]

I am stuck with this since last year and half and couldn't move forward - why you did not consult immigration lawyer. Please consult one. Sorry I am not an expert but I feel

- Can we still utilize her H1-B? - Maybe not since it is expired

- Reached few employers, who didnt like to transfer her H1-B, what are other options? - H1B needs an employer. I feel some risk here since few employers are not willing to transfer her H1B

- What are the steps i should follow, to bring her H1-B in to force and can be utilized? - I donot knw

- Or should my wife need apply for new H1-B under CAP, as the previous I-797 copy will no longer be valid?. I feel yes...

[LeaveMessageH1B]

20 hours ago, Sunil Kumar Kaza said:

Can we still utilize her H1-B? 

No

 

20 hours ago, Sunil Kumar Kaza said:

What are the steps i should follow, to bring her H1-B in to force and can be utilized?

can't

 

20 hours ago, Sunil Kumar Kaza said:

Or should my wife need apply for new H1-B under CAP, as the previous I-797 copy will no longer be valid

Apply new one, most probably she's non cap because her H1 is never used, so has to go with lottery. (I might be wrong but if you consult an attorney you will get certain answer)