Unused H1B

[BadrinathM]

My H1B petition was approved in 2019, and the VISA duration expired in December 2020. And I haven't used it then as it was COVID. It was never renewed after that and left unutilized till now (I mean never traveled US). So, Can you help me understand, how long the petition will be active without using it or is there a time limit that I should utilize to keep it active?

[pontevecchio]

Unless you got an H1 VISA stamp or worked for the sponsor, your H1 petition is not valid now for a transfer.

[Zodiac System]

You have not yet used your 6 years on H1b.  Find another employer who will transfer your H1b and your 6 years will start once you arrive in US.  Good Luck.

[vshelar]

@pontevecchio

 @Zodiac System

Hi,

My H1B petition was approved in OCT 2016 , I travelled to USA & stayed in USA till 30 APRIL 2018. My Visa got expired on 31 DEC 2017,  The JAN 2018 to APRIL 2018 stay was on grace period as my extension was filed but my RFE was not answered by my employer.

Now in Jan 2024, My new employer wants to transfer the same H1B visa & use it. 

So My questions are as below;

1. Today, can my new employer  file it as CAP Exempt H1B Visa Transfer & extension?

2.  Some says that as i was not in any US status in last 6 Years(From DEC 2017 till today) i can not apply  it for H1B CAP exempt. is that true?

 

I highly appreciate your help on this.

 

Thank you.

 

 

[Zodiac System]

Ans. 1 - Your new employer who is willing to transfer your H1b, is associated with an immigration attorney, who is an expert on the subject.  If he is willing to transfer, it is good news.  Your petition will be filed CAP Exempt.  Request your new employer to also start your GC process so you can get an I-140.   Now-a-days, this process takes a lot of time.

 

Ans. 2 - Do not listen to others.

 

Good Luck!

Edited January 4 by Zodiac System

[vshelar]

@Zodiac System Thank you so much for you response.

My employer has not filed my H1b Transfer , we tried new CAP  H1B registration in FY 2025 but did not get selected in Lottery Round -I.

It would be a great help if you answer below question.

I would like to connect to attorney on my own and get to know the answer for my H1B case transfer+Extension eligibility. Could you please suggest one.

I highly appreciate your help on this.

Thank you.

[Zodiac System]

Hello Vshelar, you are on Murthy Law Firm website .... you can connect with them regarding your H1b case transfer+Extension eligibility.  Good Luck.

[vshelar]

Thank you @Zodiac System