H1-B Visa unused

[mahi191]

Hi,

Company A filed H1-B in 2018 for me but I never had a chance to use it. I am currently on L2 in US. My H1-B is going to expire real soon. After the expiry date, Is it possible to file for cap-exempt H1 (using my previous approved H1) anytime in the year and work immediately(upon approval) or should I have to wait to get it filed in April(during H1 sponsorship season) and work after October 1st next year(upon approval).
Please let me know your thoughts? Thanks!

[rkk09]

Hi,
Hope your H1B got approved with consular processing. If so, Now you can file H1B petition with change of status. Once you get change of status approval through the petition, you can start using it.
I think, this is good way to avoid any unnecessary issues and time consuming.
Thanks

[mahi191]

Hi rkk09, I have approved H1 - I797 but did not attend consular interview for stamping. I came to US on L2.

[rkk09]

Hi,
Now you can apply H1B under CAP exempt along with change of status while you are in the USA.
Thanks.