My H1B was has expired in 2010. It was filed in 2007. I stayed in US for one year. My new employer has now sent a renewal request on the same H1 petition via premium mode. My question is on the petition number. Will the petition number remain the same during the recently applied renewal request as well. I checked the USCIS website and the status has been “Initial Review” . Status has been the same for so many years now and it has remained the same even after my current employer has filed a renewal . How do I check the status ? It has been more than 2 months now and need to now if the request has been really filed
For cap exempted petition , you should get a new receipt number . You have mentioned it is applied in premium , you should have got some decision out by this time ( at least RFE ). your new employer should provide you a copy of Form 1-797 as proof of fling has been done. As per law, employer should provide you that form and all other subsequent forms.
BTW, your initial petition was filed in 2007 , when was your new petition filed , was it less than 6 years than old petition date ?
Looks like your new employer is playing around , check with him.
Hi ,
Thanks for the response. My initial petition was filed in 2007. It was valid till May-2010. I visited US in Dec-2008 and returned around the same time in 2009. I was informed that the six year window begins only when I visit US (2009 in my case) with that particular H1. Can you correct me if I am wrong. Hence me & my employer believed that the old petition is still available for renewal. Is there any other way to check the status of my petition without the new receipt number. I guess there isnt any but still asking
I think, 6 year windows is applicable for stay in US not for petition validity I mean your original petition would be valid till 6 years from the initial date irrespective of you are in US or not.
There is no other way u can check the status.