Unused,Expired H1B-A vague area.

[rspal]

There is a vague area for which I need some advice.

I was sponsored an H1B in july 2004 by my desi employer. I quit the job ,never travelled to the US and the company did not cancel the H1B either.The H1B expired unused,uncancelled in July 2007.

After my wedding,I was issued an H4 in August 2008.I entered US the first time EVER in september 2008 with H4.

Now,I want to transfer my H4 to H1. I have a new employer who is ready to sponsor a H1.
The immigration expert of the employment consultancy says that instead of waiting for April 2009 for the H1 Cap,I can just reapply for H1 renewal rightaway without falling into the 2009 cap.(since its beyond 6 months of H1 expiry,I cannot extend it- but reapply for its renewal)

So my questions
1)For a status transfer to H1- will I fall in the 2009 H1 cap as a fresh applicant, or can I just apply for renewal of my earlier H1 right now? [considering I am on H4 Status within the US at present]

2)If/When I get my H1B approved, will the 6 year time limit start from 2008 september when I entered US for first time ever.Or in July 2004 when I was issued my H1B?

Thanks!

 

[ginnu]

There is a vague area for which I need some advice.

I was sponsored an H1B in july 2004 by my desi employer. I quit the job ,never travelled to the US and the company did not cancel the H1B either.The H1B expired unused,uncancelled in July 2007.

After my wedding,I was issued an H4 in August 2008.I entered US the first time EVER in september 2008 with H4.

Now,I want to transfer my H4 to H1.
--------------------US employer can file H4 to H1 Change of Status(not H4 transfer)
I have a new employer who is ready to sponsor a transfer of H1.

--------let him file H4 to H1 COS
The employment consultant says instead of waiting for April 2009 for the H1 Cap,I can just reapply for H1 renewal rightaway without falling into the 2009 cap.(since its beyond 6 months of H1 expiry,I cannot extend it- but reapply for its renewal)
-----------------------You cant file H1 renewal that expired in July 2007. dont depend on "employment consultant" talk to immigration lawyer of that company with your full details.
So my questions
1)For a status transfer to H1- will I fall in the 2009 H1 cap as a fresh applicant, or can I just apply for renewal of my earlier H1 right now? [considering I am on H4 Status within the US at present]
-------------------read above
2)If/When I get my H1B approved, will the 6 year time limit start from 2008 september when I entered US for first time ever.Or in July 2004 when I was issued my H1B?

Thanks!

-------------------

 

[rspal]

Thanks for the reply.
Yes, I meant change status from H4 to H1. (transfer was not the right term)

My question was/is-
1)will I fall into the H1 cap for 2009 now-as a fresh applicant?

2)If/When I get my H1B approved, will the 6 year time limit start from 2008 september when I entered US for first time ever.Or in July 2004 when I was issued my H1B?


I will be approaching a professional lawyer/office of Rajiv Khanna in a while, but before that I need clarification on this!

Thanks again!

 

[post2srisri]

Sailing in same boat .....Please update on your issue!

Hi,

I applied for H1b in 2007 and got approval papers.
I came to USA on H4 in 2008.
I left USA in 2009 and again came to USA on H4 again in 2010.

I never got H1 stamped and remained on H4 till now.
H1b approval (I797B validity was from 2007 to Aug 2010) expired .

Can I use those expired I797 papers, for renewal to start working?

What are my options?

Thanks,
Sri

 

[ginnu]

Thanks for the reply.
Yes, I meant change status from H4 to H1. (transfer was not the right term)

My question was/is-
1)will I fall into the H1 cap for 2009 now-as a fresh applicant?

2)If/When I get my H1B approved, will the 6 year time limit start from 2008 september when I entered US for first time ever.Or in July 2004 when I was issued my H1B?


I will be approaching a professional lawyer/office of Rajiv Khanna in a while, but before that I need clarification on this!

Thanks again!

Go to good lawyer with all your papers/full details and seek legal advice.