H4-H1 Unused visa

[cooltoad2009]

Hi,

I had a question regarding unused H1b petition. My wife's company in india filed for an H1 visa last year. It was aproved and stamped but the company couldnt give any assignment so she never entered US on H1 visa. Few months later we decided to give up on waiting for the assignment and applied for H4 visa. She entered US on H4 visa. Now Another company is interested giving her an employment but unsure about visa eligibility. Can the old approved petition be used to file for a new visa ? Would that be eligible to be cap exempt or would she have to wait for Oct to start working ?

Appreciate all your help

Thank you

[redgreenbluee]

please consult a lawyer.

yes, since she was already counted on last year's cap, she is eligible for H1 cap exempt. she would need proof like H1 approval notice from previous H1.

Originally posted by cooltoad2009:

Hi,

I had a question regarding unused H1b petition. My wife's company in india filed for an H1 visa last year. It was aproved and stamped but the company couldnt give any assignment so she never entered US on H1 visa. Few months later we decided to give up on waiting for the assignment and applied for H4 visa. She entered US on H4 visa. Now Another company is interested giving her an employment but unsure about visa eligibility. Can the old approved petition be used to file for a new visa ? Would that be eligible to be cap exempt or would she have to wait for Oct to start working ?

Appreciate all your help

Thank you

[Chaithra_L]

Hi,

I have a valid H1-B till Dec 2011, filed by my employer in India but unused, since they could not find any assignment for me. My husband will be travelling on an H1-B through his employer in September. If I file for an H4 and accompany him, will my existing H1-B be cancelled? ie, can I hold both the H1-B and H4 simultaneously and change status once I am in the US?

Also,is there any number of days before the visa petition expires by which I should enter the US to file for an extension?