Is My Old H1B still valid ?

[bsyaja]

Hi,
My status is like this.

I was working in a firm in India which filed my new H1B petition in 2006 which got selected in the lottery and was approved (counted against the cap).

But I never got a chance to get my H1B visa stamped on my passport as I came to US on F1 visa for higher studies a few months later in the fall of 2006.

Now my question is if after the completion of my studies if a new employer is ready to file a fresh H1B petition for me (by April 2009), will it still be subject to CAP or will it be CAP exempt as my previous approval was already counted against the CAP.

In case it will be CAP exempt what are the documents from the previous approval do I need to provide this time. I do not have the old I-129 and I-797. And also will the new H1b if quota exempt be valid for full 6 yrs or the reminder of the previous ?

Cheers

 

[manwithnoname]

All new H-1B application is subjected to quota. Also, the maximum validity would be for 3 years at a time which can be later extended to 6 years (or more in certain conditions).

 

[ginnu]

Hi,
My status is like this.

I was working in a firm in India which filed my new H1B petition in 2006 which got selected in the lottery and was approved (counted against the cap).

But I never got a chance to get my H1B visa stamped on my passport as I came to US on F1 visa for higher studies a few months later in the fall of 2006.

Now my question is if after the completion of my studies if a new employer is ready to file a fresh H1B petition for me (by April 2009),
will it still be subject to CAP or will it be CAP exempt as my previous approval was already counted against the CAP.
---------------CAP exempt
In case it will be CAP exempt what are the documents from the previous approval do I need to provide this time.
--------- Copy of H1 approval notice
I do not have the old I-129 and I-797. And also will the new H1b if quota exempt be valid for full 6 yrs or the reminder of the previous ?

Cheers

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