H1B Visa Validity

[Gourav_83]

My Brother has received H1B Visa and stamped in 2008 but he never entered US. So now if he want to come in H1B using that approved petition, can he file for H1B extension from his company OR He need to submit a new application like a fresh case and apply next year for H1B.

Any help will be appreciated. Please suggest

[Nattybone]

Hello, Gaurav.

From what i understand, an H1B can be revived upto 6 years from the time it was issued / last maintained. In your case, as 6 years have passed, it seems your brother would need a new petition and follow the annual draw process which would take place next in April 2015.

Personal opinion. You may seek more responses from the forum.

I hope this helps.

Wishing you luck.

Cheers,

My Brother has received H1B Visa and stamped in 2008 but he never entered US. So now if he want to come in H1B using that approved petition, can he file for H1B extension from his company OR He need to submit a new application like a fresh case and apply next year for H1B.

Any help will be appreciated. Please suggest

[Ashwin502]

Hi, You are a bit late, may be if you had filed a premium petition even till october, it was cap exempt, I had h1 in 2008, and never used it, Hence i filed a petition under cap exempt in june 2014 and
got approved and I am in USA now. May be you got a bit late. Better check with attorney once, but i think 6 years is the allowed time.
This is my opinion not legal advice.