H1b visa approved - Never worked on it, can i use it?

USA
1

Hi Anil,

I have h1b visa petition approved in 2017. But I never worked on it, and left US before 1st October . I understand that I can work for 6years on h1b, and recapture the time spent outside US. I had a query regarding the expiry date mentioned on approval notice which is 06/14/2020.

Does this means I have to get back before 14th july 2020, or would my h1b still be valid if I go back after 14thjuly 2020?

2

You can use the H1B anytime after 14 July 2020 too by filing an extension.

3

You mean my employer would have to file an extension…and is that a similar process as filing cap exempt petition? Also would I be able to recapture time and get complete 6years?

4

You can use the full 6 year unless you have spent time in US using any other work visa.

An H1B is only given for 3 year term. You do need to file an extension after 3 years.

5

Thank you for your response, I really appreciate it. I do have one more follow up question…

Is it safe to file for extention without using h1b at all ? Or is it like a normal process… any risk that it won’t be approved compared to if I use it before expiry? Thank you

6

Hi @Isha

It is recommended to use the H1B visa if you have the approval at-least once.

But, it is okay to file extension even without using it.

7

Hi Anil,

Hope you are doing well. I have a follow up question, would appreciate your reply.

I have approved h1b since 2017 with initial expiry date(3years) 2020 July. I am not planning to move to US anytime before the expiry date. As you mentioned above that if I plan to move after expiry, would have to file for extension which might be risky. I wanted to confirm if I can still file for extension anytime after expiry(and for how long), and get full 6 years as I haven’t used anytime on my h1b?

Thank you.

8

Hi @Isha

H1B 6 years quota is counted for your physical presence in US.

You can keep filing extension as many times as you want and will get 3 year extension.

9

A post was split to a new topic: How much time eb2 takes for someone from Pakistani origin

10

Hi Anil,

If h1b were selected in lottery say 10 years, but user never went for visa stamping.

Would h1b still be valid even after 10 years of never using it?

11

Hi @Testusernet123

If you never went for stamping and never used that H1B, then the chances are high that US embassy or USCIS may not let you use it now.

12

Hi Anil, i have never used H1b, I left the country before the start date. never had it stamped on my passport, does that means i cannot use it anymore?

13

Legally, you can apply for H1B extension or transfer and give it a try.

USCIS may or may not approve it.