Urgent Info : Unused Expired H1b Transfer / Reuse


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I have a specific query,hopefully someone can answer.

I had H1b from Sep 2006 - Feb 2009 , at that time my employer had the petition forms and others with him and i only have the EAC number. I never traveled to US and didnt get it stamped either since i started to work with a different employer in 2008. Now that the petition is expired does it bring any benefit to me.

Do i need to file a new h1 since i cant use the old one. Does the new h1b application made will fall in 2011 category starting from April 2011 . or does it come under the old cap and i can apply for h1b now by quoting the EAC number.

Can some please let me know the details.

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  • 2 weeks later...

A little clarity on your question. I am assuming you are living and working in india and you had your h1b done by a company from india and you never used it.

That being the case, yes you can have your currrent H1b transferred to a new company that wants to do a H1B for you and don't have to wait for the h1b quota of next year to open up.

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  • 2 months later...


I applied for H1b in 2007 and got approval papers while I was in India.

I came to USA on H4 in 2008.

I left USA in 2009 and again came to USA on H4 in 2010.

I never got H1 stamped and remained on H4 till now.

H1b approval (I797B validity was from 2007 to Aug 2010) expired .

Can I use those expired I797 papers, for renewal to start working?

What are my options?



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i am also in same situation.

I have my h1 approval valid till sept2011. But haven't worked or got stamping. I was on H4 in US.

Came back to India an year ago, Now again I am planning to go on H4 to US, If I find an employer is it possible for a transfer of h1 ?

do i need to come back to india for stamping?

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