chintu786 Posted February 24, 2021 Report Share Posted February 24, 2021 Hi, I am in india. I got I797 H1b petition approved in jan 2016 and got visa stamped in march 2016. I never travelled to USA using H1b visa. Can any new employer in USA uses the same existing petition and file a new H1b any time without coming under cap category? What will be time period within which it has to be done as it's been already 5 years since petition approval date. Regards, Chintu Quote Link to comment
JoeF Posted February 25, 2021 Report Share Posted February 25, 2021 The rule is that if you at least have the visa stamp you should be cap-exempt. Quote Link to comment
Zodiac System Posted February 25, 2021 Report Share Posted February 25, 2021 Your new employer/attorney should be able to use your existing approved petition and file a new H1b this year without coming under cap category. Quote Link to comment
LeaveMessageH1B Posted February 25, 2021 Report Share Posted February 25, 2021 On 2/24/2021 at 11:45 AM, chintu786 said: Can any new employer in USA uses the same existing petition and file a new H1b any time without coming under cap category? No That h1 is gone Quote Link to comment
chintu786 Posted March 13, 2021 Author Report Share Posted March 13, 2021 On 2/25/2021 at 9:58 AM, JoeF said: The rule is that if you at least have the visa stamp you should be cap-exempt. Hi, Can the new employer file petition at any based on old petition or during march month of the year? Quote Link to comment
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