Can I use unused H1B for the quota of 2008 ?

[pmpatel1650]

I have applied for H1B during the year 2007 for the quota of 2008. In the month of July-2007 my petition got approved. But due to some personal reasons, I have not used this H1B. I never went for VISA stamping and I never travelled on US on any type of VISA.

 

I also don’t have any document like approval notice or I797 with me, the only thing I have is receipt number and approval email from CRIS (USCIS-CRIS@dhs.gov).

 

Now,

1) Can I use this H1B ?

2) Can I ask new employer to transfer this H1B ?

3) Till what duration my H1B stays valid ?

4) Is the receipt number alone would be sufficient for the further processing ?

 

Thanks

[Attorney_11]

The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above the USCIS may deny a new H1B petition filed as cap exempt. However, we have seen situations where USCIS has approved a new H1B petition filed by another employer as cap exempt after disclosing that no visa was issued.

[shabscrm]

I have a similar case but my current case is as below

 

1) My petition was due 10/29/2013 and we applied for extension. We got a RFE and responded but I checked the status yesterday and its showing as denial. 

 

2) I have a approved petition from different employer thats valid till 01/09/2014 and unused. Can I join them now because I have a valid H1 visa till Oct 2014 and Valif I94 till Oct 2014.

 

3) Would there be an issue when we apply for extension because the other petition is getting expired on 01/09/2014

 

Can you please tell  me the options.

 

Regards,

Shab

[prashanth527]

Hi,

 

My case is similar as the one mentioned below.I had got visa and travelled to US in 2011 but was sent back at POE.Is there any time limit to again reuse the H1 B quota of 2008 i.e,for 6 years etc?Please help me on this

[jairichi]

Hi,

 

My case is similar as the one mentioned below.I had got visa and travelled to US in 2011 but was sent back at POE.Is there any time limit to again reuse the H1 B quota of 2008 i.e,for 6 years etc?Please help me on this

First what is the reason for denial of entry? This is crucial as it could be deportation or banned from entry for a certain period.