Legal Question in Immigration Law in Texas

Hi,

I am in India. My i-797B was expired in september 2011 without H1B visa stamped on my passport? An employer wants to file an H1B for me, can they use my expired i-797b for the same or do they have to file a new petition?

abhishek


Asked on 8/05/13, 11:35 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you were already counted against the H-1B cap & never utilized your H-1B approved time in the United States, then the new employer can file an I-129 petition for you, based on the remainder of time left (out of the six years total permitted by law).

However, each employer must always file a separate I-129 petition. Your previously approved I-129 petition would only be valid for the company who filed it.

Since this case is a little more complex than most, your prospective employer should be represented by an experienced immigration attorney to prepare & file the case on their behalf.

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Answered on 8/05/13, 11:42 am


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