Need some help on my petition status

[hiitsjam]

I have few queries regarding my H1B and thought this forum can be the right place to discuss. I had H1B filed (had the H1B visa stamped) with one of my ex organization in 2004. But I never travelled to US on that particular H1B visa. After I left that organization, in some point of time in my career,I had joined another organization who filed my B1 visa as I had to travel to US at that time. I was told by one of officer at USCIS office (when I had gone for the B1 stamping), that, he will have to cancel out my H1B visa as he will be giving fresh B1 visa and person cant have H1 when he is being given B1. So the current status of my H1B visa is that, it is already cancelled (on my passport and it shows as "CANCELLED WITHOUT PREJUDICE"). Not really sure what it means.


Queries :

(1) My assumption is that, though my visa is cancelled, but my H1B petition is still not cancelled. I am not sure about the validity of the petition though. My H1B visa was issued on 8th Oct 2004 and the expiration date was 1st Oct 2007


Here is my 13 digit petition number : EAC0418251572 (as mentioned on my H1B visa)

I did check the status of my H1B petition
but could not make out if my petition is still valid which can be transferred to a different employer.


(2) If I apply for a fresh H1B this year or next year, will I be cap counted???

Appreciate if you can provide your valuable inputs here.

Thanks in advance

Regards
Jameel

[hiitsjam]

I have few queries regarding my H1B and thought this forum can be the right place to discuss. I had H1B filed (had the H1B visa stamped) with one of my ex organization in 2004. But I never travelled to US on that particular H1B visa. After I left that organization, in some point of time in my career,I had joined another organization who filed my B1 visa as I had to travel to US at that time. I was told by one of officer at USCIS office (when I had gone for the B1 stamping), that, he will have to cancel out my H1B visa as he will be giving fresh B1 visa and person cant have H1 when he is being given B1. So the current status of my H1B visa is that, it is already cancelled (on my passport and it shows as "CANCELLED WITHOUT PREJUDICE"). Not really sure what it means.


Queries :

(1) My assumption is that, though my visa is cancelled, but my H1B petition is still not cancelled. I am not sure about the validity of the petition though. My H1B visa was issued on 8th Oct 2004 and the expiration date was 1st Oct 2007


Here is my 13 digit petition number : EAC0418251572 (as mentioned on my H1B visa)

I did check the status of my H1B petition
but could not make out if my petition is still valid which can be transferred to a different employer.


(2) If I apply for a fresh H1B this year or next year, will I be cap counted???

Appreciate if you can provide your valuable inputs here.

Thanks in advance

Regards
Jameel

Can any senior member pls respond to my post?? Would really appreciate your help.

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I have few queries regarding my H1B and thought this forum can be the right place to discuss. I had H1B filed (had the H1B visa stamped) with one of my ex organization in 2004. But I never travelled to US on that particular H1B visa. After I left that organization, in some point of time in my career,I had joined another organization who filed my B1 visa as I had to travel to US at that time. I was told by one of officer at USCIS office (when I had gone for the B1 stamping), that, he will have to cancel out my H1B visa as he will be giving fresh B1 visa and person cant have H1 when he is being given B1. So the current status of my H1B visa is that, it is already cancelled (on my passport and it shows as "CANCELLED WITHOUT PREJUDICE"). Not really sure what it means.


Queries :

(1) My assumption is that, though my visa is cancelled, but my H1B petition is still not cancelled. I am not sure about the validity of the petition though. My H1B visa was issued on 8th Oct 2004 and the expiration date was 1st Oct 2007


Here is my 13 digit petition number : EAC0418251572 (as mentioned on my H1B visa)

I did check the status of my H1B petition
but could not make out if my petition is still valid which can be transferred to a different employer.


(2) If I apply for a fresh H1B this year or next year, will I be cap counted???

Appreciate if you can provide your valuable inputs here.

Thanks in advance

Regards
Jameel

Can any senior member pls respond to my post?? Would really appreciate your help.

[raghvi]

Can any senior member pls respond to my post?? Would really appreciate your help.

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Can any senior member pls respond to my post?? Would really appreciate your help.

There is ambiguity around the validity , so if you consider the petition expiry date, you pretty much have only another 2 months, as your H1 as 6 year will complete in 2013, to find an employer willing to take you on board by transferring the H1. Further, this years quota is already over so you have to apply in next year and yes by then you would have to be cap counted .

This is my opinion not legal advice.