Is it a H1B visa renewal or extension?

[asheeshv]

Hi,

I was working with a company A, which got my H1B visa filed in the year 2004. I also got my H1B visa stamped, which was valid from Nov 2004 to Nov-2007. I left company A, and joined company B. I never used my stamped H1B visa, which expired in Nov-2007. Now, the same company A has approached me with a job offer, however, since I don't have a valid H1B visa, I'd like to know whether company A would have to file a fresh H1B petition in April this year?
I've also read in the forums about a cap-exempt petition, so even though my visa expired in Nov-2007, can the company A still file a cap-exempt petition, since I never used my cap during the initial 3 years?

Also since the H1B visa was issued in 2004, does this mean even if I never used it, the petition expires after 6 years, which means, this case will not even qualify for a cap-exempt petition?
Would the company A has to file a fresh petition this year?

Any help here would be appreciated.

Thanks,
Asheesh

[shervin143]

I was working with a company A, which got my H1B visa filed in the year 2004. I also got my H1B visa stamped, which was valid from Nov 2004 to Nov-2007. I left company A, and joined company B. I never used my stamped H1B visa, which expired in Nov-2007. Now, the same company A has approached me with a job offer, however, since I don't have a valid H1B visa, I'd like to know whether company A would have to file a fresh H1B petition in April this year?
>>> Yes.

I've also read in the forums about a cap-exempt petition, so even though my visa expired in Nov-2007, can the company A still file a cap-exempt petition, since I never used my cap during the initial 3 years?
>>> They can do it if it is within the 6 year period of the petition approval.

Also since the H1B visa was issued in 2004, does this mean even if I never used it, the petition expires after 6 years, which means, this case will not even qualify for a cap-exempt petition?
>>> That is correct.

Would the company A has to file a fresh petition this year?
>>> Yes.

[server2005]

H1b cap exempt

Hi,

I am in similar situation. I have a h1b petition from Company A approved in 2004 and expired in 2007. I never used that petition. I am currently in US on L1A since 2006 from Company A. I got an offer from company B and they are ready to process h1b. But since 2012 h1b cap already reached, is there a way I can work for company B. Can I use my previous h1b petition as a cap exempt and apply for h1b transfer? Please advise.

[server2005]

Hi,

This is urgent. Can someone advise please? Thank you.

[shervin143]

One H1B CAP is valid only for 6 years. Since your H1B petition was filed 6 years prior, you have to go through a new CAP.

Hi,

I am in similar situation. I have a h1b petition from Company A approved in 2004 and expired in 2007. I never used that petition. I am currently in US on L1A since 2006 from Company A. I got an offer from company B and they are ready to process h1b. But since 2012 h1b cap already reached, is there a way I can work for company B. Can I use my previous h1b petition as a cap exempt and apply for h1b transfer? Please advise.

[server2005]

Thanks for your reply. I understand the 6 years eligibility. However, I think I am still eligible for cap exempt given that I came to US in 2006 on L1 (My H1 was valid at that time and was expiring in mid 2007) and still have 1 year left to complete 6 years (H1 validity). If I had come on H1, I would have applied for h1 extension under cap exempt. So under these conditions, does not my transfer fall under cap exempt?