validity of the unused visa

[grimreaper]

Hi,

I had an H1b Visa that was approved in the month of June 2007 and I got it stamped in the month of November'2007. I never travelled to US using that. It got expired in the month of August 2010. However my current employer feels that I can refile for a CAP EXEMPT visa using that. I know there is a 6 years period within which I could do that. But what I would like to is whether the 6 years start from :

a) The approval date

b)the visa stamping date

or c) the expiry date.

Please help

[jairichi]

Hi,

I had an H1b Visa that was approved in the month of June 2007 and I got it stamped in the month of November'2007. I never travelled to US using that. It got expired in the month of August 2010. However my current employer feels that I can refile for a CAP EXEMPT visa using that. I know there is a 6 years period within which I could do that. But what I would like to is whether the 6 years start from :

a) The approval date

b)the visa stamping date

or c) the expiry date.

Please help

Yes, you are cap exempt. The 6 years time starts from the day you enter US.

[pontevecchio]

d. None of the above. It refers to 6 years in total in H1 status in the USA.

[grimreaper]

Thank you both for the responses. So if I understand this correctly I can claim those 6 years any time in my life right?

 

What does this clause that I saw in this same forum mean?

 

Section 214(g)(7) of the Immigration and Nationality Act (INA) provides, in pertinent part, as follows:

 

Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed.

 

It's on this link:

http://forum.murthy.com/index.php?/topic/36884-section-214g7-of-the-immigration-and-nationality-act-ina/

[jairichi]

Thank you both for the responses. So if I understand this correctly I can claim those 6 years any time in my life right?

 

What does this clause that I saw in this same forum mean?

 

Section 214(g)(7) of the Immigration and Nationality Act (INA) provides, in pertinent part, as follows:

 

Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection ©, toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed.

 

It's on this link:

http://forum.murthy.com/index.php?/topic/36884-section-214g7-of-the-immigration-and-nationality-act-ina/

Just do not wait for your lifetime to use your H1B approval. Immigration laws change and there would probably be a day when there will be no more H1B category ;)