Unused H1b . What Happens?

[sandhyakamat]

Hi,

I was issued an H1b visa in June 2020 for 1 year radiology fellowship at
University of South Florida, Tampa. Stamping was done at Mumbai consulate
and my h1b visa is from 5th June 2020 to 4th June 2021.

But due to coronavirus pandemic I will be unable to go to USA this year.

My queries are:

1) If I donot enter USA on my H1b visa this year at all, then do I still
have 6 years of my maximum lifetime H1b visa ?

Or have I used up my 1 year of H1b this year, even though I am not going
to USA and staying in India this year.

 

Basically what happens to unutilised but stamped h1b visa year ? 

 

And does it affect my chances or timeperiod to get Green Card ? 


Dr. S. Kamat

[User099]

Time you spend IN US will only count towards the 6 year limit. Just having a visa stamp will not count towards the 6 years.

[kunjdab]

1) If I donot enter USA on my H1b visa this year at all, then do I still
have 6 years of my maximum lifetime H1b visa ?

Yes you do. This will not be counted. Only the time you actually spend in the US counts. 

Basically what happens to unutilised but stamped h1b visa year ? 

Nothing happens. You just recapture your 1 year and use up all the 6 years when you stay in US. 

 

You've to be watchful if your employer will be OK to get you approval, letters etc., after a year. 

 

Green card is an entirely separate issue, the sooner you come, the sooner you can file for I-140 and PERM and so the sooner you can get a GreenCard. Nothing happens if you don't use up your H1b visa time. 

 

Edited June 24, 2020 by kunjdab

[gopalakrishnach]

1) If I donot enter USA on my H1b visa this year at all, then do I still have 6 years of my maximum lifetime H1b visa ?

Or have I used up my 1 year of H1b this year, even though I am not going to USA and staying in India this year.

You will still have 6 years. Once you enter USA on H1B you clock starts.

Basically what happens to unutilised but stamped h1b visa year ? Nothing will hapen. You are good.

And does it affect my chances or timeperiod to get Green Card ? . Nope