H1B expired, never travelled to US - Can I still travel?

[rameshsuresh119]

I have a question regarding my previous H1B; I would appreciate if you can provide your valuable inputs.

My previous H1B was Valid from 2008 to 2011, I never travelled to US on this visa. My US B1/B2 visa was stamped in 2012 valid till Jan 2022, and visited US in 2012 on business visa. Please suggest:

1. Can I utilize my previously approved H1B petition?
2. Am I eligible to file in the CAP EXEMPT quota if my current employer is ready to sponsor? Is there a provision of utilizing after completing 6 years from the date of stamping OR It cannot be used at all?

Please give your advice/suggests to me on this.

[lianajett]

1. H1B visa validity will be for 6 years. As you have not travelled within these 3 years, you can ask your attorney or employer to reset the validity to next 6 years.
2. And regarding CAP EXEMPT, once your passport is stamped with H1B visa, your new employee can propose you for this.

[rameshsuresh119]

need more information

1. H1B visa validity will be for 6 years. As you have not travelled within these 3 years, you can ask your attorney or employer to reset the validity to next 6 years.
2. And regarding CAP EXEMPT, once your passport is stamped with H1B visa, your new employee can propose you for this.

1. To be more clear around this and reconfirm, are you suggesting that my current employer can reset the validity to next 6 years as I have never traveled? My H1B was from another employer and was stamped in 2008.

2. Can my case be considered anytime or would i have to wait till October this year?

Thank you for taking out time.

[rameshsuresh119]

please respond

Please do respond at your earliest.

[rameshsuresh119]

please respond

Please respond at your earliest.