H1B Renewal of unused Petition

[Udhayakumar M]

My H1B petition was approved on June-2019 with expiry date as 31-Dec-2019. Since the petition had only 5 months validity, my company did not proceed with Visa stamping. They asked me to file a Extension / Renewal. Due to covid, all the H1B processing is stopped in my company. Now that all H1B related processing resumed, I am planning to switch company and would request the new company to Transfer my petition and also to do the renewal / Extension.

My queries are below:

1. I haven't appeared for stamping before. My petition is still valid? My petition status still holds good?

2. Is it possible for a new employer to transfer my petition and process the Visa Renewal / Extension?

3. If point no.2 is possible, will my petition be valid for 6 years from the time of renewal? as I have not used it before?

4. My spouse is travelling to US, I will be travelling in a H4 visa. Is it possible to find an employer in US to transfer my petition?

Can someone please address the above queries? I would be glad to know the actual details. Thanks in Advance!! - Udhay...

[Zodiac System]

Your H1b expired on 31/12/2019.  Looks like currently your status for the past one plus year is H4.  Your employer should be able to file for change of status from H4 to H1b, once you are back.

Also request your employer to start PERM process, if possible so you can get your I140.

Edited March 2, 2021 by Zodiac System

[LeaveMessageH1B]

Based on my understanding, I could be wrong.

1. No, No

2. No

3. Not Applicable

4.No transfer because it was never used or activated. You can travel on H4 - find a sponsor to apply for fresh petition. 

[JoeF]

If you haven't started working on the H1 or gotten  an H1 visa you are not considered counted for the quota.

A new employer can file an H1 for you in this year's quota, with a start date of Oct. 1, 2021.