Somasekar Posted May 27, 2013 Report Posted May 27, 2013 I have got my I797B approved through a company during 2008. I didn't go for stamping as the JOB situation was very bad in US. The work petition (I797B) got over in september 19 2011. I haven't travelled to US during this period. Is there a possibility to reuse that work petition now? If yes, what is the procedure i should follow?
0407 Posted May 27, 2013 Report Posted May 27, 2013 You are. you need a proof of approval. At least the receipt notice if not approval notice
pontevecchio Posted May 27, 2013 Report Posted May 27, 2013 You cannot reuse that approval. You have been capped and no fraud was involved. You are still entitled to a total of 6 years in H1 status with no period more than 3 years. Basically find a H1 sponsor who will file a petition for you not subject to the cap. Once the petition is approved get your visa stamp and come over and work.
Somasekar Posted May 28, 2013 Author Report Posted May 28, 2013 Thanks Folks. 0407, You meant I797B hard copy/hard copy as proof of approval right? Correct me if I am wrong. I have both I797B hard and softcopy with me sent by the previous employer. pontevecchio, I should be able to approach companies and convey them that i have a cap exempt unused h1b which can be utilised. This is a good one for me. I also heard that certain companies are not willing to use this as they might have to answer a lot of legal questions. Their concern is that you should have atleast worked 2 months with that sponsored company in order to do a H1B transfer. I think this was the case when my friend had an unused valid H1B. In my case since the H1B has become invalid, there is no H1B transfer possible but re-application of H1B petition by new employer under cap-exempt category. Please correct me if i am wrong with my understanding.
0407 Posted May 28, 2013 Report Posted May 28, 2013 Some proof of approval. Soft copy of approval notice is more than enough.
Somasekar Posted May 30, 2013 Author Report Posted May 30, 2013 0407, Couple of question. 1) Since I haven't used the H1B, how should i ensure that the previous employer hasn't revoked the H1B? I typed my receipt number in uscis website and got the below reply. From the below message i think they haven't revoked my H1B. Am i right here? Post Decision Activity On June 16, 2008, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283. For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations. 2) Can I process the H1B again with the revoked petition from the employer?
0407 Posted May 30, 2013 Report Posted May 30, 2013 Even if he has revoked the petition, It won't matter. Once cap counted you are cap counted till you end up using 6 years of H1B
pontevecchio Posted May 31, 2013 Report Posted May 31, 2013 Revocation is immaterial and you can have the new employer file your H1 petition irrespective.
vishal.lko Posted September 21, 2014 Report Posted September 21, 2014 What do you mean by "Once cap counted you are cap counted till you end up using 6 years of H1B". if I797B validity is 10/1/2008 to 8/31/2011 can he apply H1b in cap exempt in Oct/1/2015 ?
lvithal Posted January 20, 2015 Report Posted January 20, 2015 Hi , I got H1b on oct 2007, I was in us for only four months and my visa has been expired on sep2010. I am eligible for re-applying my H1b with out CAP. please advise me.
pontevecchio Posted January 20, 2015 Report Posted January 20, 2015 6 years of H1B status means 6 years of working here in H1 status in total and excludes periods abroad.
jairichi Posted January 20, 2015 Report Posted January 20, 2015 Hi , I got H1b on oct 2007, I was in us for only four months and my visa has been expired on sep2010. I am eligible for re-applying my H1b with out CAP. please advise me. Yes, you are. Talk to an attorney from Murthy law firm.
HKK Posted February 12, 2018 Report Posted February 12, 2018 Hi , I am 2009 H1B Applicant and I have received I797B approval notice valid from 01-Oct-2009 to 30-Sep-2011. I have not used it till now 11-Feb-2019. Am I still cap exempt? I applied it through one small company in the USA at that time. Now can I transfer my H1B to my current employer where I am working from India , who is ready to transfer my H1B.
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