Unused H1B renewal after expiration

[Ram Krupal]

Dear Experts,

I held a H1B Visa between Nov-2007 and July 2010 (and my wife had H4 during the same
period), but never utilized the Visadue to personal reasons. I have learnt that
there is a provision/clause under which my case can be considered as Cap exempt.

I have the following questions:

1) Will I have to apply for a fresh H1B or I qualify under the Cap exempt?
2) If qualifying under the Cap exempt, what would be the procedure to re-apply?
3) Can the re-application be done any time of the year?
4) Does my wife's H4 Visa qualify for out of cap or it should be processed afresh again?
5) What procedure should be followed to process H4 for my kid (< 4 years old)?

Deeply appreciate your advice.

Best Regards,
Ram

[jairichi]

Dear Experts,

I held a H1B Visa between Nov-2007 and July 2010 (and my wife had H4 during the same

period), but never utilized the Visadue to personal reasons. I have learnt that

there is a provision/clause under which my case can be considered as Cap exempt.

I have the following questions:

1) Will I have to apply for a fresh H1B or I qualify under the Cap exempt?

2) If qualifying under the Cap exempt, what would be the procedure to re-apply?

3) Can the re-application be done any time of the year?

4) Does my wife's H4 Visa qualify for out of cap or it should be processed afresh again?

5) What procedure should be followed to process H4 for my kid (< 4 years old)?

Deeply appreciate your advice.

Best Regards,

Ram

1. You are cap exempt.

2. Employer files a cap exempt H1B petition and on approval, with a valid H1B visa and I797 you can enter US.

3. Yes.

4. If her H4 visa is expired she has to apply for a H4 visa at US consulate. She needs a copy of your I797.

5. Refer 4.