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i129 expiring but did not join any company till now

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  • i129 expiring but did not join any company till now

    My H1 was filed by a consultant in 2007 when i was in india. He sent me a scanned copy of a document (this is the only document i received) which has following details:

    Case Type; I129 (Petition for non immigrant worker)
    Receipt Number: WACxxxxxxxxx
    Notice Type: Approval notice
    Class: H1b
    Valid from 10/01/2007 to 09/24/2010

    It also mentions something about I797B below in a separate box:
    "Please see additional information on the back. You will be notifies seperately about any other cases you filed.
    US Citizenship & Immigration.......
    Form I797B (Rev. xx/xx/xx)N"

    However i never joined the consultant (Company A). After i got married, i entered US on my H4 visa in 2008. As the economy was too bad at that time, i could not find a job last year.

    Now the issue is if i apply for a job somewhere now, many people simply reject it by saying that they will not be able to file my H1 using my current I129. The reasons they give i donot have paystubs from Company A, i129 expires after x days if you do not join anywhere etc

    I just want to ask
    a) If it is really not possible for me to be employed by any employer on the basis of my i129 document.
    B) Is the only option available to me now is to find a new sponsor and file a fresh H1 in cap

    An immediate response is really appreciated as the expiry date shown on i129 is 24th sep 2010.


    Thanks

  • #2
    If you never worked for that H1B sponsor and if you were never on the H1B status, then there is no need for pay slips. A new employer should still be able to file a COS form H4 to H1B under the same CAP and request a immediate start date. When the COS gets approved, you can start working. Let the new employer know clearly that you were never on H1B status before so yu never had any pay slips on H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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