H1B expired and never travelled to US

[kavuri13392]

Hi,

 

I have got H1B visa and stampped in 2008 octobar and has never travelled to US on that visa.

i am planning to move to US. can i get the OLD H1B renewed with a new employer or do i neeed to restart the whole process of the h1B visa.

 

do i come in CAP of H1B or not.

 

My OLD H1B is no use now?

 

Thanks & Regards,

Raja.Kavuri

[jairichi]

You are cap exempt and an employer can file a cap exempt H1B petition anytime.

[omshiv]

you need to get a new employer who can sponsor H1 immediately..you are CAP Exempt.

[wiweq]

You are cap exempted, no need to file new H1b. You are entitled for 6 yrs minus your H1b stay in USA.

[tan_sur69]

Now, Consider that the employer fills a  H1B petition (under cap exempt) in August 2014 and the H1B petition is approved.

Please let me know, if the duration of the renewed H1B petition will have only 2-3 months 1.e till Oct 2014. (Since the visa is stamped in year 2008 and was not utilized thereafter till Oct 2014)

 

                                                         or

 

Will he get the renewed or approved H1B petition (under cap exempt) for another 3 years in I797 ...

 

Please let me know the details of the number of years a cap exempt petition will be approved for...  Please reply in terms of the above scenario wherein the travel to USA never happened and it nearing year 2014.

 

Thank in advance.

[jairichi]

Now, Consider that the employer fills a  H1B petition (under cap exempt) in August 2014 and the H1B petition is approved.

Please let me know, if the duration of the renewed H1B petition will have only 2-3 months 1.e till Oct 2014. (Since the visa is stamped in year 2008 and was not utilized thereafter till Oct 2014)

 

                                                         or

 

Will he get the renewed or approved H1B petition (under cap exempt) for another 3 years in I797 ...

 

Please let me know the details of the number of years a cap exempt petition will be approved for...  Please reply in terms of the above scenario wherein the travel to USA never happened and it nearing year 2014.

 

Thank in advance.

Anytime an employer can file a cap exempt H1B petition and you are eligible for remainder of the years you stayed on H1B status.