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Validity Of H1b Petition For Filing Out-of-cap H1

Discussion in 'Nonimmigrant Visa Validity' started by Czencha, Aug 2, 2015.

  1. Czencha

    Czencha New Member

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    Hi All,

    It would be great if someone could clarify my below query.

    An employer filed H1 for me in the year 2008 October and it got approved in Jan 2009 and was valid till Sep 2011. But the project did not come up and so they could not make me travel.

    The visa expired without travelling to US.

    Currently I am at US on H4. Ii is already 6 years since the time of approval of my petition. Can someone please clarify whether it is possible to use the same old petition number (counted already under cap) to file new H1 under cap-exempted category?

    Please clarify. Thanks.

    Thanks,
    Czencha
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you received a change of status to H1, or were issued an H1 visa, a petitioner may file for you now and you will not be subject to the cap.
     
  3. Czencha

    Czencha New Member

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    Thanks Ron. So, you mean that with my old petition and old H1 visa that was stamped, a new petitioner can file H1 under cap-exempt, though it has crossed 6 years and have not travelled at all to US. Is this right?
    If yes, can you please share information on someone who can help in filing this for me and the fee information.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the old petition expired LESS than six years ago, and you were issued a visa or given status, yes you are cap exempt. Contact our office. We can assist you.
     

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