H1B extension many years after expiry

[guptatarun]

Hello Forum Experts,

I have a query which I think you can help me with.

I had a H1B filed by my employer in 2005 which was valid till 2008. But I never travelled to US and it was never used.

Is it now possible in any way to get a new H1B or extend this expired visa without going through the fresh application and lottery.

I have read about cap exempt extension but not sure if that will apply to me as well.

Can someone guide and advice on my eligibility and then how to get this done?

Many thanks in advance.

Regards
Tarun Gupta

[Nattybone]

Hello, Tarun.

Unfortunately, to revive old H1B, one must have been on H1 status for some time in the last 6 years. I am sorry, but it seems you will have to go through the H1B draw next year.

These are my personal thoughts. I am not a professional.

Wishing you luck.

Cheers,

Hello Forum Experts,

I have a query which I think you can help me with.

I had a H1B filed by my employer in 2005 which was valid till 2008. But I never travelled to US and it was never used.

Is it now possible in any way to get a new H1B or extend this expired visa without going through the fresh application and lottery.

I have read about cap exempt extension but not sure if that will apply to me as well.

Can someone guide and advice on my eligibility and then how to get this done?

Many thanks in advance.

Regards
Tarun Gupta

[guptatarun]

Thanks for your reply Nuttybone.

This is what I read on forums but there are contradictory comments on several threads so wanted to be sure on this. As some threads say that even if you have not used the old H1B, you can still apply for a cap exempt within 6 years.

Also is this 6 years from date of approval or from date of expiry or original petition.

Is there a way these can be verified and I can get a confirm answer before trying to push for this with my employer.

Hello, Tarun.

Unfortunately, to revive old H1B, one must have been on H1 status for some time in the last 6 years. I am sorry, but it seems you will have to go through the H1B draw next year.

These are my personal thoughts. I am not a professional.

Wishing you luck.

Cheers,

[Nattybone]

Hello, Tarun.

I agree with you. I too have heard that once an H1B is issued, it belongs to the applicant. The applicant can revive it whenever. But, i have also heard that one must be on H1B at least for some time in the last 6 years. I.e.: If i was issued an H1B in 2005, and i never used it. I can at best file an application to revive it by 2011. You could counter it by saying that if one has never used the visa then he never was on H1B status, for the visa to be revived. What i understand is, first 6 years (as H1B is in principle for 6 years), no problem for reviving. If you go beyond 6 years, then to revive it, one must have been on H1B for some time in the last 6 years.

I am sorry, but i do not have more information on this. You could engage a lawyer for an hourly consultation. Maybe, you will have a better idea then.

I am sorry, if this does not help.

I am not a professional. These are my personal thoughts.

Wishing you luck.

Cheers,

Thanks for your reply Nuttybone.

This is what I read on forums but there are contradictory comments on several threads so wanted to be sure on this. As some threads say that even if you have not used the old H1B, you can still apply for a cap exempt within 6 years.

Also is this 6 years from date of approval or from date of expiry or original petition.

Is there a way these can be verified and I can get a confirm answer before trying to push for this with my employer.