Expired I-797B

[anaya]

I had tried for H1B visa in past and have I-797B, Notice of Action of date Sept 27, 2010 that is valid from Oct 1 2010 to Sept 30 2012.

I had never done stamping and never travelled on H1B visa to USA (I travelled on B1 several times).

I herd that this I-797B can be used to apply for H1B petition outside the cap limit. But I don't know more details. Till what time I can apply for H1B that is exempt cap limit? Or that will come under the cap limit?

I also have I-797C.

[harsha82]

Yes you are cab exempt...

Find a employer who can apply new H1b petition.

Provide them the previous I-797 receipt details..

[jairichi]

Yes, an employer can file a cap exempt H1B petition anytime till you reach the max allowed stay of 6 years on H1B.

[Raj1010]

Hi

 

I have the same question but different vaidity periods.

 

My I-797 approval notice has the validity period from October 2008 Till September 2011

 

I went to US on the same petition in the year 2009 and stayed for 2 months i.e Feb 2009 and Mar 2009.

 

In Apr 2009 I travelled back and did not travel to US again.

 

Now is that petition still valid for this year 2015 quota to exempt from Lottery ?

 

Thanks

Raj

[jairichi]

Hi

 

I have the same question but different vaidity periods.

 

My I-797 approval notice has the validity period from October 2008 Till September 2011

 

I went to US on the same petition in the year 2009 and stayed for 2 months i.e Feb 2009 and Mar 2009.

 

In Apr 2009 I travelled back and did not travel to US again.

 

Now is that petition still valid for this year 2015 quota to exempt from Lottery ?

 

Thanks

Raj

An employer can file a cap exempt for you anytime till you reach the max allowed stay of 6 years on H1B.

[Raj1010]

Thank you jairichi