Useful tips

Can I use my old H-1B petition?

Can I use my old H-1B petition?

There is no time restriction that they should apply within 6 years from the initial H1B approval time anymore to recapture or use the remainder of H1B unused time.

Is H-1B valid without stamping?

Your H-1B status is valid until the end validity date of your most recently issued I-94. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be ‘activated”.

How many years H-1B petition is valid?

Validity of H1B Visa The H1B nonimmigrant is permitted to stay in the U.S. for a period of 3 years and the period can be extended but it cannot go beyond 6 years.

Is your previous H1B visa still valid?

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Your H1B Visa should be valid or expired within last 12 months. For instance, if you are applying for dropbox stamping in India, then your previous H1B visa stamp must have been issued in India as well. )

Can I get my H1B visa stamped in USA?

It is not possible to obtain an H1B visa stamp within the USA. All H1B visa stamps must be issued by the U.S. consulate outside the US. You need to file an H1B petition with USCIS and have that petition approved.

Can I get my H1B visa stamped in Mexico?

Mexico: US embassy in Mexico does not allow change of visa class stamping. This means that the F1 class of visa change to H4 or H1B is not allowed in Mexico.

Can I get h1 stamping in India now?

How Can I get H1B Stamping in India? You have to fill form DS-160 and schedule an H1B visa interview appointment with the US embassy to get H1B stamping in India. You can choose any US embassy and we recommend the one that’s closer to your residence.

What happens if H1B stamping rejected?

H1B visa stamping rejection When your visa stamp is rejected, you will not be allowed to enter the U.S. This means that you should not purchase your ticket, since you will be stopped at the port of entry and U.S immigration will return you to your home country.

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What is the easiest way to get my first H1B visa stamped if I am already in the US?

If you have your H-1B approved, have to get the H1B stamp before entering America. You can go for H-1B stamping to your nearby American consulate. Check with the US consulate on the earliest time and date to appear for your H-1B visa stamping interview.

Where can I get my H1B visa stamped in Mexico?

Monterrey / Nuevo Laredo / Mexico city are best options for F1 to H1B stamping(1st time H1B stamping) as of 2021 & 2020 updates.

Can H1B be used to file cap exempt petition?

As for usage of H1 petition, the employer can use it to file cap exempt petition. Also do remember if at all you decide to use the old H1, then your H1 duration at max can be 6 Years minus time already spent in L1 status. This is my opinion not legal advice. I got my H1B petition in 2008 and was valid from 10/01/2008 to 09/24/2011.

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How do I get a new H1 stamp after getting approved?

Once USCIS approves their petition, it will issue a new I797. Using this new I797 you can schedule a visa appointment and if approved will get a new H1 stamped in the passport. One remains cap exempt for 6 Years from initial Cap year , so in your case, you would be cap exempt til 2018.

Can a H-1B visa be filed after 6 years?

Yes, they can file. Only the time that you have spent in U.S in H1B status will count towards the 6 year period. The time that you spent on B1/B2 will not count. Thanks Shervin. My H-1B petition was approved in March 2014 with a validity till december 2014.

Can a H1B visa be denied if there is no visa?

Absent one of the above, the USCIS may deny a new H1B petition filed as cap exempt. However, I have seen situations where USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued. This answer is not a substitute for professional legal advice.