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expired h1b but never traveled to uSA

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  • expired h1b but never traveled to uSA

    I got my I-797B ( approval notice) in Oct-2012 and got H1B visa stamping done in Feb-2013.
    However I never traveled to USA and my Visa Stamping got expired in March-2014.

    Is there any way that I can get the H1B again and then if I travel to USA how long I can stay there.

    Would highly appreciate any answer and guidance on this.

    Thanks,
    Niraj.

  • #2
    You will have to find a U.S employer who has a job matching your profile. The employer can file a new H1B using the CAP from your previous H1B approval notice (No need to go through H1B quota again)). Once that petition gets approved, you will need to attend the visa stamping again. If the visa gets approved, you can travel to U.S to work for that employer. When you enter U.S, at the port of entry they will issue an I-94 (most of the times the I-94 will match your H1B petition expiry date). You can stay and work until the I-94 expiry date. The employer can file further extension to the I-94 if they decide to keep you longer than the initial approval period.
    Not a legal advice. Use of this information is strictly at your own risk.

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