H1 Petition started on 1st Oct 2008 - Not used at all - Is it still valid?

[sun81]

Hi,

 

One of my friends has an approved H1B Petition starting Oct 1st 2008 and got VISA stamping as well which was valid till Oct 1st 2011.

 

The I-797 was valid till Oct 1st 2011.

He has never used the petition or visa and never came to USA and still in India.

 

As H1B total period is 6 years which completes on Oct 1st 2014, can the company apply for H1B extension and get 3 years or not.

 

Please let me know if the petition is still valid and can he get the 3 year extension before Oct 1st 2014.

 

Thanks in advance for your reply

 

 

 

 

[jairichi]

Hi,

 

One of my friends has an approved H1B Petition starting Oct 1st 2008 and got VISA stamping as well which was valid till Oct 1st 2011.

 

The I-797 was valid till Oct 1st 2011.

He has never used the petition or visa and never came to USA and still in India.

 

As H1B total period is 6 years which completes on Oct 1st 2014, can the company apply for H1B extension and get 3 years or not.

 

Please let me know if the petition is still valid and can he get the 3 year extension before Oct 1st 2014.

 

Thanks in advance for your reply

An employer can file a cap exempt H1B petition anytime and on approval he is eligible for 6 years on H1B. 

[sun81]

Thanks Jairichi..for your quick response. My friend will be happy!! Thanks!!