Converted H1B petition approved but no Visa stamped.


I utilized my full 5 year term of L1B. My H1B petition was approved (for consular processing) for use for 1 year from Jan 2013 (valid until Jan 2014). But I had to return to India in Jan 2013 (days before my L1B expired), due to family siutations. This means I did NOT go for H1B Visa stamping and I have no history of stay in US on H1B.

I have no plans of going back to US, atleast until Jan 2015, by when I would have already completed 1 full year stay outside of US.

With this being the case, will I be considered for a fresh H1B petition for full 6 year term, if I plan for my traval in Jan 2015 ?

Or, will it be like my already approved H1B petition be activated for 1 year, since I had not used it yet ? I guess, if this is the case, after the completion of 1 year, I had to come back to India and wait for 1 full year for another fresh H1B petition.

Please advice.

No you will just get remaining 1 year

to qualify. You need to file “capped H1” visa after you are out of USA for atleast 365 days.