Jhumru Posted August 27, 2013 Report Share Posted August 27, 2013 Hello All I have a H1 stamped on my passport in 2000 which was valid till 2002 (as per my passport). am not sure about petition expiry as my employer did not give me copies of petition. All I have is my stamped H1. I HAVE NEVER USED this H1 to travel to US. I am currently in US on L1. Can I use my old above said H1 to transfer ? Is petition document copy mandatory ? If yes is there a way to get it without reaching to my old employer Regards Jhumru Sharma Link to comment
jairichi Posted August 27, 2013 Report Share Posted August 27, 2013 Hello All I have a H1 stamped on my passport in 2000 which was valid till 2002 (as per my passport). am not sure about petition expiry as my employer did not give me copies of petition. All I have is my stamped H1. I HAVE NEVER USED this H1 to travel to US. I am currently in US on L1. Can I use my old above said H1 to transfer ? Is petition document copy mandatory ? If yes is there a way to get it without reaching to my old employer Regards Jhumru Sharma Yes, you could transfer it to a new employer. Link to comment
omshiv Posted August 27, 2013 Report Share Posted August 27, 2013 I believe that wouldnt work...You'll have to wait until next yr when new H1 quota opens up. The reason is the H1 shouldnt have been expired more than 5 yrs back. But dont believe me, get in touch with an Attorney. Link to comment
jairichi Posted August 27, 2013 Report Share Posted August 27, 2013 I believe that wouldnt work...You'll have to wait until next yr when new H1 quota opens up. The reason is the H1 shouldnt have been expired more than 5 yrs back. But dont believe me, get in touch with an Attorney. Really? I did not know that. Link to comment
omshiv Posted August 27, 2013 Report Share Posted August 27, 2013 Really? I did not know that. Yah I read it in some official USCIS doc some time back...dont know where that doc is else would have posted it here. but I'll still wait for senior members or an Attorney to confirm that. Link to comment
jairichi Posted August 27, 2013 Report Share Posted August 27, 2013 Yah I read it in some official USCIS doc some time back...dont know where that doc is else would have posted it here. but I'll still wait for senior members or an Attorney to confirm that. Ok. Thanks omshiv. I will also wait for other comments Link to comment
Jhumru Posted August 27, 2013 Author Report Share Posted August 27, 2013 Thank you friends .. Will wait to read more comments and also reach out to attorney. Link to comment
Jhumru Posted August 27, 2013 Author Report Share Posted August 27, 2013 Hello All I used the following link to check the petition status online for above said H1 and entered the EAC serial no of H1 visa page. https://egov.uscis.gov/cris/Dashboard/CaseStatus.do I get some updates about post decision activity but at the bottom of page I get OMB control no. and also an expiration date of 6/30/2012. What does this mean ? My H1 expired just about an year back ? And I am eligible for transfer without cap ? Regards Link to comment
0407 Posted August 27, 2013 Report Share Posted August 27, 2013 Seems like some employer also says so. http://forum.murthy.com/index.php?/topic/61401-h1b-petiton-valid-from-2005-till-2008-am-i-eligible-for-cap-exempt/ Link to comment
Jhumru Posted August 28, 2013 Author Report Share Posted August 28, 2013 Thank you for the responses. All I could gather from documents is all that matters is how much of that 6 yr period I spent in USA. Does not matter when the Visa was issued and Expired. Is my understanding correct ? No place its clearly called out if expired but un-used H1 visa is cap exempt. Regards Jhumru Sharma Link to comment
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