H1-B Petition Expiry

[srikanthnekkanti]

Hi,

I have a H1-B Petition which is getting expired by 27 October, 2011. I have not get it stamped and hence didnot travel US till date.

If i could not travel before the expiry date, What would happen to my petition? Will it be expired forever?

Can I extend my petition validity?
If not, What should i do if i have to get my h1 visa stamped next time?

Please help me out at your eariest as my time is running out.

Thanks,
Srikanth.

[shervin143]

The petition will expire as of its expiry date. The important think here is the H1B CAP and not the petition expiry date. Each CAP is valid for 6 years. So even if your H1B petition expires, any employer can file a new H1B petition using the CAP from the existing H1B petition and request an immediate start date. That way, you don't have to go through the quota again and wait for Oct 1st start date.

[srikanthnekkanti]

Thank you very much Shervin for the reply. I really appreciate it. This sounds like a good news for me although i did not understand properly.

How much time and cost involved to get new H1B petition using the CAP from the existing H1B petition?

What does Oct 1st start date signify?

Can you explain step by step what should i do once my petition expires?

[shervin143]

How much time and cost involved to get new H1B petition using the CAP from the existing H1B petition?
>>> No difference. Same time and same cost whether it is a fresh new petition on a new CAP or a new petition filed on an existing CAP. Check the USCIS website for the latest cost details. It varies by employer.

What does Oct 1st start date signify?
>>> The start date of any new petition (on new CAP) will be on or after Oct 1st. If you had a previous CAP that is counted against the CAP, then if a transfer (new petition using that old CAP) if filed used a copy of the previous approval notice, then the employer can request an immediate start date.

Can you explain step by step what should i do once my petition expires?
>>> Nothing. Give a copy of the expired petition to the new employer and ask them to file the petition using the CAP from the expired approval notice and request a immediate start date.

[srikanthnekkanti]

Thanks again. That explains almost everything.

The only difference between a new CAP and petition of old CAP is that you don't have to go through the quota again . Is that correct.

Does not using the first petition has any impacts on getting a new petition or in the visa stamping interview?

[shervin143]

The only difference between a new CAP and petition of old CAP is that you don't have to go through the quota again . Is that correct.
>>> Correct. But if you have used few years in the old CAP, then you will get only the remaining year left in that when you file the extension. Say you have used 2 years in the old CAP, then when you use the old CAP, you will get only 4 more years. In your case since you never used the old petition, you will get all 6 years when you file the new petition using that CAP.

Does not using the first petition has any impacts on getting a new petition or in the visa stamping interview?
>>> No.

[srikanthnekkanti]

Finally(i guess)

Can a new petition on Old CAP be applied any time in a year or should i wait till the quota for new CAP(for 2012) is open?

You told that start date of any new petition (on new CAP) will be on or after Oct 1st.
If i apply a new petition on Old CAP after my current petition expires(after Oct 27,2011), will i get the start date before Oct 1st,2012?

Thank you very much for your prompt responses.

[shervin143]

Go back and read my previous responses. I have clearly mentioned the start date can be requested to be immediate when filed under an existing CAP.

Finally(i guess)

Can a new petition on Old CAP be applied any time in a year or should i wait till the quota for new CAP(for 2012) is open?

You told that start date of any new petition (on new CAP) will be on or after Oct 1st.
If i apply a new petition on Old CAP after my current petition expires(after Oct 27,2011), will i get the start date before Oct 1st,2012?

Thank you very much for your prompt responses.

[srikanthnekkanti]

Ya i got it. Thanks

[sourabh8212]

Hi ,

Hope you are doing good!! I have a similar case as yours.

I got my H1B approved petition in 2006 from my previous employer in India. I have not used that petition for stamping or never worked on that petition. Petition is expired after 3 years in 2009.
Is it possible for my current employer to file an H1B transfer for this petition for me in Feb 2012, when the qouta for this year might have exhausted. I am looking into the clause that I might not be subjected to Cap as H1B petitions can be used for 6 years.

Also, I DONOT have the petotion with me but have the EAC reciept number. Do I need the original petition or can the reciept number be used to file H1B transfer.

Would really appreciate your response.

Thanks
Sumedha

[shervin143]

Your current employer can file a new H1B petition using the CAP from the previous H1B approval notice and request an immediate start date. You don't have to file throiugh a new CAP since you are already CAP counted. If you don't have a copy of the previous H1B approval notice, then you can use the receipt number, provided you know for sure that receipt number belongs to you.

Hi ,

Hope you are doing good!! I have a similar case as yours.

I got my H1B approved petition in 2006 from my previous employer in India. I have not used that petition for stamping or never worked on that petition. Petition is expired after 3 years in 2009.
Is it possible for my current employer to file an H1B transfer for this petition for me in Feb 2012, when the qouta for this year might have exhausted. I am looking into the clause that I might not be subjected to Cap as H1B petitions can be used for 6 years.

Also, I DONOT have the petotion with me but have the EAC reciept number. Do I need the original petition or can the reciept number be used to file H1B transfer.

Would really appreciate your response.

Thanks
Sumedha

[jrp1234]

H1-B Petition Expiry

@Shervin1234 - Thanks for ur helpful inputs .... Just an additional clarification
Is there any time-limit within which this petition (for usage of unutilized years) is to be filed? Because, I read somewhere that this petition should be filed within 1yr of expiry of the visa. Can you pls let me know if such a condition exists? For example, my visa expired in dec2009 but I had used only abt 3yrs of the 6, so can my employer now file a petition that I be allowed to use the unutilized year now?? My main doubt is about the time elapsed post expiry of the visa...whether this application can be filed 2years after the expiry

[shervin143]

Visa has nothing to do here. Visa is just an entry document to U.S. You can still use the CAP from the old petition to file a new one.

@Shervin1234 - Thanks for ur helpful inputs .... Just an additional clarification
Is there any time-limit within which this petition (for usage of unutilized years) is to be filed? Because, I read somewhere that this petition should be filed within 1yr of expiry of the visa. Can you pls let me know if such a condition exists? For example, my visa expired in dec2009 but I had used only abt 3yrs of the 6, so can my employer now file a petition that I be allowed to use the unutilized year now?? My main doubt is about the time elapsed post expiry of the visa...whether this application can be filed 2years after the expiry