H1B Visa Petition / visa stamped but unused

[gautam18381]

Hi,

I had 2 approved H1-B approved petition and later visa stamped on the passport, but unfortunately never traveled to USA 

Petition 2 : Notice Oct 2013 -- revoked on Sep 2014  ( valid from Mar 2013 to Mar 2015)

Petition 1 : Notice Nov 2011 -- Not revoked ( valid from Feb 2011 to Feb 2013)

Can these Petition be used for Cap-Exempt Petition by H1-B transfer to New Employer ?

Or since they have exceeded 6 year period they are no longer valid and have to go through the H1-B Lottery again?

 

Regards

[gopalakrishnach]

Can these Petition be used for Cap-Exempt Petition by H1-B transfer to New Employer ? ---- Yes, any employer can submit new petition out side lottery anytime during the year. I may be wrong.

[User099]

Most likely yes, since you had a visa stamping done and were counted towards the cap.

[gautam18381]

Hi, 

Thanks for the update. So it will be cap-exempt and a New petition wrt to Old Petition can be filed by new employer anytime during the year?

Do they any additional documents for this ?

 

Regards

 

 

 

[gopalakrishnach]

can be filed by new employer anytime during the year? -- YES.

Do they any additional documents for this ? -- this completely new petition so you will have a list of documents to provide. I am sure your petitioner will ask for them and I feel old H1B petition approval copies they will ask.

[User099]

12 hours ago, gautam18381 said:

Hi, 

Thanks for the update. So it will be cap-exempt and a New petition wrt to Old Petition can be filed by new employer anytime during the year?

Do they any additional documents for this ?

 

Regards

 

 

 

Yes, they can file anytime during the year. Lot of personal documents will be needed, your attorney or employer will give you the full list.