Unused H1B visa expired. Can I revoke?

[immihelp0508]

Hi,

 

I got H1B petition approved on Sept 2008. It was expired on Sept 2011. Since I have been on H4 visa while in US I never did visa stamping.I never worked on this H1B. I went to home country and worked but again returned on H4. Due to personal reason I continued to be on H4 till today Feb, 2014. 

 

I need to confirm, If I get job offer can my H1B be revoked?

 

I got mix feedback where some suggests it can be filed in cap-exempt category and can be used.

 

Some are suggesting since you never ran payroll on this H1B, you need to file new H1B based which will be cap based.

 

Please suggest what are possibilities of filing my H1B in cap-exempt category or other alternatives.

 

Thanks for your valuable suggestions.

 

 

[pontevecchio]

You are not subject to the cap. First talk to a Lawyer and get his take. Then you can approach employers. You can also have any sponsor file in April towards a cap subject H1 starting October.

[jairichi]

Hi,

 

I got H1B petition approved on Sept 2008. It was expired on Sept 2011. Since I have been on H4 visa while in US I never did visa stamping.I never worked on this H1B. I went to home country and worked but again returned on H4. Due to personal reason I continued to be on H4 till today Feb, 2014. 

 

I need to confirm, If I get job offer can my H1B be revoked?

 

I got mix feedback where some suggests it can be filed in cap-exempt category and can be used.

 

Some are suggesting since you never ran payroll on this H1B, you need to file new H1B based which will be cap based.

 

Please suggest what are possibilities of filing my H1B in cap-exempt category or other alternatives.

 

Thanks for your valuable suggestions.

A new employer can file a cap exempt H1B petition anytime with COS from H4 to H1B and on approval you can start working for employer.

[rahul412]

Your H1 will be cap exempt. No doubt in it.