Stamped & expired H1B

saritabarve

By saritabarve,
in H1B : General

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saritabarve Newbie

saritabarve

Posted
Posted

Hi,

 

I had got my H1B stamped in India, validity between Nov 2007 to May 2010. However, I was on an assignment in Canada during that period and thus could never use this visa. Currently I'm in USA on H4 since April 2013.

 

I have found an employer who is willing to file my new H1B in April. However, I might have to travel to India this month & may not be able to abide by the April 1st deadline for completing the paperwork required for my application.

 

My queries are,

  1. Can my employer use my expired H1B which I've never used to file for a cap exempted new H1B? I have never landed in United States on this H1B to work.
  2. Will I get all 6 years?
  3. Are there any chances of rejection?
  4. Can this process be initiated after I return from India by April/May?
  5. Will I be able to start working as soon as my H1B is approved? Or do I have to wait till Oct 1st to start work?

 

Kindly advise.

 

Best Regards,

Sarita

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jairichi Advanced Member

jairichi

Posted
Posted

Hi,

 

I had got my H1B stamped in India, validity between Nov 2007 to May 2010. However, I was on an assignment in Canada during that period and thus could never use this visa. Currently I'm in USA on H4 since April 2013.

 

I have found an employer who is willing to file my new H1B in April. However, I might have to travel to India this month & may not be able to abide by the April 1st deadline for completing the paperwork required for my application.

 

My queries are,

  1. Can my employer use my expired H1B which I've never used to file for a cap exempted new H1B? I have never landed in United States on this H1B to work.
  2. Will I get all 6 years?
  3. Are there any chances of rejection?
  4. Can this process be initiated after I return from India by April/May?
  5. Will I be able to start working as soon as my H1B is approved? Or do I have to wait till Oct 1st to start work?

 

Kindly advise.

 

Best Regards,

Sarita

Why is your employer planning to file a cap subject H1B petition? Do not ruin the chances of a person filing a cap subject H1B petition for the first time.

1. Yes, you are cap exempt and your old cap counted H1B petition could be used.

2. Yes.

3. Depends on documents submiited.

4. Yes, anytime.

5. Immediately after approval.

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