H1-B expired in OCT 2010. Didn't travel to US. Is my visa still valid and cap exempt ?

[pna]

Hi,

 

My ex-employer A filed H1-B visa for me and I got my H1-B visa stamped in JAN-2008 . It got expired in OCT-2010. I didn't travel to US at any time.

 

In 2009 I changed to company B. My question is

 

1) Is my visa still valid ?. If valid , will I get 6 years?. And still how many years it will be valid ?

2) Is my case is cap exempt?

3) Can I transfer my expired visa to the company B without employer A's permission ?

 

Please help me and kindly reply .

 

Thank you very much.

pna

[jairichi]

(1) Your H1B visa is no more valid. You need to go for a new stamping of visa if your employer B is willing to send you for a project to US. And, if you get a new H1B petition approved you will get 6 years. Normally visa stamping is done with 3 years validity.

 

(2) Yes, you are cap exempted.

 

(3) Yes, you can. Your employer B has to file a new H1B petition and get it approved.