H1B Visa Expired Without Traveling to US

[syncmaster]

Hi,

I got H-1B from a company in India and I got H1B visa stamped on my passport. However I did not travel to US on H-1B and my Visa got expired on 2015 September. I no longer work for the company that sponsored my H1B.

Can you please clarify my below questions?
1) If a company in US is willing to offer me a job, what is the procedure involved to get H1B from this new company? Is it as simple as doing a H1B transfer from one company to another?
2) I heard that even though my H-1B visa is expired, my petition is still valid. So I do not have to go through H-1B Lottery next time. Is that true?

Thanks in advance.

[syncmaster]

Any help please!

[speedracer]

Hi,

I got H-1B from a company in India and I got H1B visa stamped on my passport. However I did not travel to US on H-1B and my Visa got expired on 2015 September. I no longer work for the company that sponsored my H1B.

Can you please clarify my below questions?
1) If a company in US is willing to offer me a job, what is the procedure involved to get H1B from this new company? Is it as simple as doing a H1B transfer from one company to another?
2) I heard that even though my H-1B visa is expired, my petition is still valid. So I do not have to go through H-1B Lottery next time. Is that true?

Thanks in advance.

The new employer can use the old receipt number and utilize any unused days for a new H1B visa. You are CAP exempt since you have already gone through the process once. As long as it has not been over 6 years since your last visa was issued, your new employer can apply for a new petition.

If more than 6 years has passed since you were issued the last approval notice, you have lost the ability to utilize unused days and you have to go through the lottery system again.

[h1b_or_bust]

6 years since your last visa was issued

Is cap exempt status 6 years since the last visa was issued?

Or,

Is cap exempt status 6 years from the fiscal year during which it counted towards the CAP?

My H1B petition (I-129H) was filed in the FY 2014 H-1B Regular cap-subject quota and I got selected in the lottery. It was later approved (I-797B) with a validity of 01 October 2013 to 10 September 2016.

Later I got my passport with the H1B visa stamped with an issue date of 15 July 2015 and an expiration date of 10 Sep 2016.

Am I cap exempt till 15 July 2021, 6 years from the issue date of the visa?

If I'm CAP exempt for the six fiscal years counting from the fiscal year during which it counted towards the CAP, am I cap exempt till end of FY 2020 (October 1st 2019 to September 30th 2020)?

October 1st 2013 to September 30th 2014
(1) October 1st 2014 to September 30th 2015
(2) October 1st 2015 to September 30th 2016
(3) October 1st 2016 to September 30th 2017
(4) October 1st 2017 to September 30th 2018
(5) October 1st 2018 to September 30th 2019
(6) October 1st 2019 to September 30th 2020

As I understand, not having traveled to the US on stamped visa is not a problem for the cap exemption.