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Hi All,
I got my I-797B or H1B approved on date June 06,2008 with Valid From - 10/01/2008 to 09/30/2011. Also, note that I never went for stamping back then in 2008.
Recently, I was exploring certain options for employment in US. And I learnt that I can't use old petition anymore as it has expired.
However, the CAP in that approval notice can be used since that petition was approved within the last 6 years. Any employer can file a new H1B petition for me using the CAP from that petition and request an immediate start date. I don't have to go through quota again and I don't have to wait until Oct 1st to start working.
So far so good. But does that mean that, if I get a employment and that company files H1B petition for me - after six years from 10/01/2008 ( 10th October 2008 ) i.e. 10/01/2014 - my CAP will be over and I will have to return back to my country ? If yes, are there simple enough ways to extend the stay or you need to get a fresh H1.
Also, is some kind of permission required from the original company which sponsored the H1B to file for the new petition using the old CAP approved in 2008 ?
I need to know this so that I can position my case infront of potential employers.
Thanks!
Vijay
I got my I-797B or H1B approved on date June 06,2008 with Valid From - 10/01/2008 to 09/30/2011. Also, note that I never went for stamping back then in 2008.
Recently, I was exploring certain options for employment in US. And I learnt that I can't use old petition anymore as it has expired.
However, the CAP in that approval notice can be used since that petition was approved within the last 6 years. Any employer can file a new H1B petition for me using the CAP from that petition and request an immediate start date. I don't have to go through quota again and I don't have to wait until Oct 1st to start working.
So far so good. But does that mean that, if I get a employment and that company files H1B petition for me - after six years from 10/01/2008 ( 10th October 2008 ) i.e. 10/01/2014 - my CAP will be over and I will have to return back to my country ? If yes, are there simple enough ways to extend the stay or you need to get a fresh H1.
Also, is some kind of permission required from the original company which sponsored the H1B to file for the new petition using the old CAP approved in 2008 ?
I need to know this so that I can position my case infront of potential employers.
Thanks!
Vijay
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