H1b Stamping

USA H1B Visa
1

Hi ,

My H1B petiton got approved , I got email on 8th Oct 2015 and Petition is valid till 31st Aug 2018.

But my company did not process stamping yet,

I am afraid if company did not process stamping till 31st Aug 2018 ,then would my H1B visa become waste?

Kindly reply.

Thanks

2

I think it’s your responsibility to start the stamping process but definitely your employer should support you.

3

This is not answer of my question…If company did not process for stamping then how can i go visa embassy for stamping, If they did not give all documents for stamping…and my question was if stamping not done during validity period will my visa would waste ?

4

Another employer can file a cap-exempt petition for you within 6 years of original approval date i.e. until Oct 8, 2021.

5

Please let me know how another employer filled the cap exempt petition as I have not received any documents from current employer regarding h1b visa

Thanks

6

Do you know your receipt number or have copy of approved petition?

7

Saurabh,No I don’t know/have receipt number neither have copy of approved petition, my employer only send an email regarding approved petition

Thanks

8

You need to know at least the receipt number for the new cap-exempt petition. See if you can somehow manage to get it from the employer. If not, find a new employer and work with their attorney to file a FOIA to get your receipt number.

9

Suarabh,

Please let me know as my petition is valid till 31st Aug 2018, So if my current company/Employer does not processing stamping till that period then will my current employer can renew petition or extend cap-exempt petition for next 3 years even it has not stamped for last 3 years.
Please answer the doubts.

Thanks

10

Yes, they can file cap-exempt petition for you even if you current petition never gets stamped.

11

Thanks saurabh for reply.

  1. Please let me know is it same fees for amendment petition like when company raise new H1B petition.

  2. If petition expire after 3 years the company extension cap-exempt petition will it same fee like new h1b petition

Thanks

12

Amendment and extension are different petitions. Amendment is filed by an employer who already has an approved petition and wants to change just the underlying facts of the petition like name, location etc. It doesn’t increase the validity period.

Extension is a whole new petition which is cap-exempt and has a new validity period.

The cap-exempt petition will have fees similar to the brand new petition that was filed earlier. They might be subject to the new 4000USD fees based upon employer size and employee’s visa category build-up.