Unused Approved H1B. Am I Exempt from Quota ?

[srikanthdba]

i)My H1 Filing(April 2007) has been approved On May 9, 2007,

 

  STATUS: " we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER."

 

   I didn't go for Visa Stamping. NO STAMPING on my Passport

 

ii) After that I Moved to UK & became UK Citizen. Got UK Passport. Surrendered India Passport

iii) Now I want to move to USA for work [by applying H1B]

 

My doubt is:

 

If I am applying for H1B Now,

 

Please clarify me the following:

 

Q1] Am I Exempt from Quota [ as my previous H1 Filing approved already]?

Q2] As I surrendered India Passport & got UK Passport, Will that be problem for Processing [ Earlier H1 approved based on India Passport]

Q3] When is the 6 years count starts on H1B. i) the day I stamped H1B Visa Stamp ? ii) the day it approved? iii) the day I laded on USA on H1B Visa ?

 

Things to Consider for Decision.

1)Currently I have only LIN Number[from Previous H1 Filing].I don’t have any other documents related to previous H1 Processing

2)Currently hold UK Passport. H1 filed on India Passport[surrendered]

[jairichi]

1. You are cap exempt.

2. No, as H1B petition is linked to an individual and not country of citizenship or passport held.

3. The day you are on H1B status in US.

[mth]

I also have same issue.

 

## I filled for H1 which got approved in June,2008

 

## My status is also same

 

   I didn't go for Visa Stamping. NO STAMPING on my Passport.

 

## currently I am in US on L1b visa with my company

 

## I just have a receipt number

 

## now I want to continue working in US on H1

 

 

 

 

My Doubt is

 

 

##  Do I need to file for new H1

 

## how will my last petition can help me?

 

## how can I use the information for my new H1

 

 

>>> I don't have any document related to my last H1b visa expect the receipt  no.

[jairichi]

I also have same issue.

 

## I filled for H1 which got approved in June,2008

 

## My status is also same

 

   I didn't go for Visa Stamping. NO STAMPING on my Passport.

 

## currently I am in US on L1b visa with my company

 

## I just have a receipt number

 

## now I want to continue working in US on H1

 

 

 

 

My Doubt is

 

 

##  Do I need to file for new H1

 

## how will my last petition can help me?

 

## how can I use the information for my new H1

 

 

>>> I don't have any document related to my last H1b visa expect the receipt  no.

Employer files a cap exempt H1B petition along with COS from L1 to H1B.

It will help you by being cap exempt.

You need the receipt number or approval notice.