H1B Extension - Expired VISA

[skum]

My H1B VISA got stamped on year 2008 for Company "XYZ" and I have travelled to USA during first quarter of the same year. Unfortunately due to recession, I could not get a job and I have came back to India in couple of months without any paystubs.

Question :

My H1B VISA got expired on year 2010. Please let me know whether I can make use of same petition for H1 transfer (or) Should I have to get a new petitiion.

Appreciate your help !!!!.

SK

[Dev8803]

You can use the same H1b petition as you didn't use your 6 years quota. Visa has nothing to do with H1b status. Visa has its own expiry date, and just needed to enter in the country. As you said, your visa has expired, you need to get visa again with approved H1b documents.

[kalyan_ac]

You can use the same petition to be cap-exempt but getting the approval/visa stamping maybe tough as you do not have any paystubs.

OR

You can file for a fresh petition cap-subject for a fresh 6yrs of validity.

[skum]

Thanks for your suggestion. Just to know, If I apply for H1 transfer do they ask me US Paystubs which I don't have (or) the current recent paystubs from India would do...

SK

[kalyan_ac]

They would need 2-3 US paystubs

[priyasitarama]

I have a similar situation with a H1 that expired in 2009. It was stamped in 2006. The only change is that I have now changed companies and do not work with the same employer. Do I fall under the old cap or do I need a fresh petition?