Approved H1B Petition not used

[venudr7]

Hi Friends,

I have approved H1B petition(I129) and it's validation is 06/28/2004 to 11/06/2006.
I have never used this petition to get visa stamped and not traveled to USA.

Petitioner who had filed this petition is no more in the business now.

It would be great help if any one of you answers my below questions.
1. Is this expired petition can be renewed now in 2014?
2. Can I now use this petition under cap exemption to get H1B? If yes then please tell me how.

Thanks in advance.
Venugopal

[raghvi]

Hi Friends,

I have approved H1B petition(I129) and it's validation is 06/28/2004 to 11/06/2006.
I have never used this petition to get visa stamped and not traveled to USA.

Petitioner who had filed this petition is no more in the business now.

It would be great help if any one of you answers my below questions.
1. Is this expired petition can be renewed now in 2014?
2. Can I now use this petition under cap exemption to get H1B? If yes then please tell me how.

Thanks in advance.
Venugopal

I doubt you can re use that H1. An H1 petition approved over 6 Years back, if not used in last 6 Years, cannot be used for claiming cap exemption.

This is my opinion not legal advice.

[t.suraysh]

Hi Venugopal

please find my reply in line.

1. Is this expired petition can be renewed now in 2014?

"Yes. The 6 years validity means your eligibility to stay & work in US not the time duration after your petition approval. As you never traveled to US, you can get the complete 6 years of stay with new petition approval."

2. Can I now use this petition under cap exemption to get H1B?

"Yes. A new employer can file for you as a CAP exempted petition. You will only need your petition number for transfer but if you have your approval notice, it will be easy to convince your new employer to file CAP exempted petition for you."

[venudr7]

Hi Venugopal

please find my reply in line.

1. Is this expired petition can be renewed now in 2014?

"Yes. The 6 years validity means your eligibility to stay & work in US not the time duration after your petition approval. As you never traveled to US, you can get the complete 6 years of stay with new petition approval."

2. Can I now use this petition under cap exemption to get H1B?

"Yes. A new employer can file for you as a CAP exempted petition. You will only need your petition number for transfer but if you have your approval notice, it will be easy to convince your new employer to file CAP exempted petition for you."

Thanks for your information. I hope this will help me.

[raghvi]

One has to be in H1 status in last 6 Years OR cap counted within last 6 Years.

Please see relevant clauses regarding H1B remainder Time.

If still in doubt read the following judgement :

http://www.uscis.gov.edgesuite-staging.net/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occupation%20or%20Fashion%20Model%20(H-1B)/Decisions_Issued_in_2009/Mar032009_06D2101.pdf

The example is about getting H1 status for a person who had an H1 filed and approved in 1996-1999 wanting to regain the H1 status in 2006 beause the initial 6 Year period was not fully used. The USCIS - Administrative Appeals Office (AAO)denied the same.

This is my opinion not legal advice.

[shishirtaral]

Hi Venugopal

please find my reply in line.

1. Is this expired petition can be renewed now in 2014?

"Yes. The 6 years validity means your eligibility to stay & work in US not the time duration after your petition approval. As you never traveled to US, you can get the complete 6 years of stay with new petition approval."

2. Can I now use this petition under cap exemption to get H1B?

"Yes. A new employer can file for you as a CAP exempted petition. You will only need your petition number for transfer but if you have your approval notice, it will be easy to convince your new employer to file CAP exempted petition for you."

Hi Venu,

I have similar case like yours,

My petition got selected in lottery during year 2007 which expired in 2010, I never gone for H1B stamping with that petition, my question is, can I proceed to initiated H1B stamping or can I get that petition transferred and then get H1B stamped for another employer, does this comes under H1B exempt quota ? Please guide me in this scenario.

Please let me know if you were able to transfer & got it stamped ?

[rkk09]

Hi,
If you got H1B in 2007 and 2010, it got expired then now you are not eligible for H1B CAP exempt. You will need to file H1B under CAP quota. Once your H1B got selected in quota, you will need to file fresh H1B, get approved, get visa stamped then travel to the USA.
Thanks