H1B Unused and 6 years crossed

[somasap]

Hi Team I got H1b in December 2007. But I never travelled to the US. Recently I reached out to US embassy to check if I can get a fresh visa with cap exemption. Embassy clarified me to contact my petitioner. But petitioner could not understand if the expired visa after 6 years can be renewed. Also I have found some answers in this forum as the expired visa can be renewed after 6 years too. IS IT TRUE, do we have that option. Please help me get clear information. Som

[shervin143]

You do not qualify. You have to go through quota again. H1b CAP is valid only for 6 year.

[OldH1]

@Shervin ....Kind Attn...

Hi Shervin,

Could you please provide your comments for the below?


Here is my case

With Employer A
H1B Application was filed and approved in April 2007 (first time H1 ever had lottery),
H1B Stamped 26-SEPT-2007 with validity till 23-SEP-2010

H1B Petition (I-797) expiry date was 23-SEP-2010

I entered US on this H1B in Jan 2008 and returned back by July 2009 (18 months) 1.5 years


Now I came across an Employer B who has checked with his Law firm and he confirms that even though it has been more than 6 years since I was last in the US, but he can still use my old expired petition and file a new petition (also transfer it to himself in the process) and use the remaining 4.5 years.

I did my research and I told him, that the petition can be transferred only during the 6 years of the validity of the petition (in my case 23-SEP-2013) but he insists that he has in the past got H1B petitions re-filed and transferred of people who had an H1B but never used the petition, never got stamping done and never traveled to US. He was able to use their entire 6 years.

When I spoke to a few lawyers they confirmed it has been more than 6 years I was in the US last. If there was any chance, it would have been before Jul 2015 (6 years from July 2009 when I left the US)/
Even then, they say you can definitely file the petition but there are very high chances of denial.

hence I wish to taken an opinion from the experts here if it is even possible to use the 4.5 years from the old petition and file a new one which is Cap exempt?

please let me know.

Thanks

[shervin143]

Well, if the employer is ready to file and if they think that they can get the petition transferred, then you shouldn't care much. Since the petition expired about 6 years ago, the chances of the transfer is slim. If the employer is ready to take the risk, then I would suggest that you go with that. If it gets approved, then it is all good, right?

Hi Shervin,

Could you please provide your comments for the below?


Here is my case

With Employer A
H1B Application was filed and approved in April 2007 (first time H1 ever had lottery),
H1B Stamped 26-SEPT-2007 with validity till 23-SEP-2010

H1B Petition (I-797) expiry date was 23-SEP-2010

I entered US on this H1B in Jan 2008 and returned back by July 2009 (18 months) 1.5 years


Now I came across an Employer B who has checked with his Law firm and he confirms that even though it has been more than 6 years since I was last in the US, but he can still use my old expired petition and file a new petition (also transfer it to himself in the process) and use the remaining 4.5 years.

I did my research and I told him, that the petition can be transferred only during the 6 years of the validity of the petition (in my case 23-SEP-2013) but he insists that he has in the past got H1B petitions re-filed and transferred of people who had an H1B but never used the petition, never got stamping done and never traveled to US. He was able to use their entire 6 years.

When I spoke to a few lawyers they confirmed it has been more than 6 years I was in the US last. If there was any chance, it would have been before Jul 2015 (6 years from July 2009 when I left the US)/
Even then, they say you can definitely file the petition but there are very high chances of denial.

hence I wish to taken an opinion from the experts here if it is even possible to use the 4.5 years from the old petition and file a new one which is Cap exempt?

please let me know.

Thanks