H1B Petition got approved but If a candidate doesnt attend interview

[Santosh Gupta]

Hi,

Can some one help me in understanding the following

1)what would be process if a candidate doesn't attend his visa interview even after getting their H1B Petition approved?
2)Can the candidate attend an interview within 3 years of time or it depends on I797?
3)If the candidate attends the interview and did not step in USA within 2 years then how long will their visa will be valid?
4)If the candidate changes the company other the current employer who applied their H1B will they still can attend the visa interview If they know their case number?
5)Suppose If a candidates visa got approved and is valid from 5th October 2015 and they didnt travel to US until March 2016. Then how long they can stay in US. Can they claim 5 months of time as they didnt step into USA.


Thank you.

[shervin143]

1)what would be process if a candidate doesn't attend his visa interview even after getting their H1B Petition approved?
>>> There is no process. If yo wish to travel to U.S in H1B status, then get the H1B visa stamped. If not, you don't need to go for stamping. There will be ni impact.

2)Can the candidate attend an interview within 3 years of time or it depends on I797?
>>> You can attend the visa interview as long as the job exists and the H1B petition (I-797) remains valid.

3)If the candidate attends the interview and did not step in USA within 2 years then how long will their visa will be valid?
>>> There will be an expiry date printed on the visa (Usually until the expiry date of I-797). Visa will remain valid until its expiry date.

4)If the candidate changes the company other the current employer who applied their H1B will they still can attend the visa interview If they know their case number?
>>> You cannot go for visa interview without the employer's (H1B sponsor) knowledge. You need a lot of documents from the employer who filed your petition to clear the visa interview. You cannot use one employer's petition to attend the visa interview for another employer. If you want to join a different U.S employer, then your new employer will first need to file the H1B transfer and that should get approved (You will get a new I-797). Once approved, you can go for the visa interview with the new employer's documents.

5)Suppose If a candidates visa got approved and is valid from 5th October 2015 and they didnt travel to US until March 2016. Then how long they can stay in US. Can they claim 5 months of time as they didnt step into USA.
>>> When your enter U.S, they will issue you an I-94. You can stay and work until the I-94 expiry date. I-94 expiry date will in most cases match the H1B petition expiry date. To continue post I-94 expiry date, the employer will need to file an extension. Extension will come with a new I-94 matching the new petition expiry date.