vd29745 Posted March 10, 2013 Report Share Posted March 10, 2013 Hi Experts, I am working with a company A in INDIA and had my H1-B stamped from the same company A in Aug 2007. But I never traveled to the US on this H1 and it was expired in AUG2010. Now, I have been asking my employer from company A to extend it but in vain. Is there a possibility to extend my H1-B (that got expired) without the knowledge of my current employer A. Will my petition be extended / approved if I process it with another employer B who hails from the US, Many Thanks - Madhav Link to comment
pontevecchio Posted March 11, 2013 Report Share Posted March 11, 2013 It does not work that way. You have been cap counted. hence you have a total of 6 years in H1 status. Get a new employer to file your H1 petition and get the visa and come over on approval. A has no connection with the matter. Link to comment
vd29745 Posted March 13, 2013 Author Report Share Posted March 13, 2013 That means my new employer can extend the same petition ? Regards Madhav Link to comment
pontevecchio Posted March 13, 2013 Report Share Posted March 13, 2013 It is a new non cap petition. Your new employer will need to file a H1 petition on his own recognizance . Link to comment
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