I got H1B approved in 2019 november. This was the first time H1B. I haven’t held any US visa previously. Petition was only approved for period of 11/18/2019 to 12/31/2019. At the visa interview I was issued a 221g. Case status was administrative processing. Meanwhile the validity period was over after 12/31/2019 So now its expired without stamping.
Last week I got a call from consulate asking me to submit a new I-797.
Is there a way I can use this? Can the same employer can file a cap exempt petition?
They should have applied for H1B Extension right away towards the end of the expiration…Yes, they may file for extension now too…Discuss with your employer on this and ask them to apply for extension and then you may submit the receipt or approval notice to Consulate… You submitting old one with expired date is of no good.
Not necessarily true. It is only for Transfer. If same employer, it is very much possible…Double check with another attorney. But, it should have been done before the expiry I think, validate it again with another attorney.
If no stamping and transfer, then it is difficult…It is slightly grey area and many cases USCIS asks for status and as you did not get stamping, not possible for transfer…But you may be lucky, if you have anyone willing to try, you can give it a shot.