shailajaelluru
New Member
Hello sir ,
I hope you’re doing well.
I had an H-1B petition approved via consular processing (Form I-797B) in November 2022 through an employer, with validity from 11/04/2022 to 09/30/2025. However, I never got the visa stamped, never entered the U.S. on H-1B status, and never filed for a change of status. Essentially, the petition was approved but never activated.
I am currently residing in the U.S. on H-4 status and would like to understand my options.
Could you please help clarify the following:
1. Am I still eligible for cap-exempt H-1B filing based on this prior approval, even after the petition expires on 09/30/2025?
2. Can a new employer file a cap-exempt petition referencing this approval and request a change of status from H-4 to H-1B?
3. Is there a time limit (e.g., within 6 years of approval) for filing such a cap-exempt petition?
4. What documents should I keep ready for this process?
Thank you so much for your time and assistance. I look forward to your guidance.
Best regards,
I hope you’re doing well.
I had an H-1B petition approved via consular processing (Form I-797B) in November 2022 through an employer, with validity from 11/04/2022 to 09/30/2025. However, I never got the visa stamped, never entered the U.S. on H-1B status, and never filed for a change of status. Essentially, the petition was approved but never activated.
I am currently residing in the U.S. on H-4 status and would like to understand my options.
Could you please help clarify the following:
1. Am I still eligible for cap-exempt H-1B filing based on this prior approval, even after the petition expires on 09/30/2025?
2. Can a new employer file a cap-exempt petition referencing this approval and request a change of status from H-4 to H-1B?
3. Is there a time limit (e.g., within 6 years of approval) for filing such a cap-exempt petition?
4. What documents should I keep ready for this process?
Thank you so much for your time and assistance. I look forward to your guidance.
Best regards,