Unused and not stamped H1B petition wanted to renewal with same employer please help me

Hi , My petition got approved in 2014 and I got 1 year validity till Sep 30th 2015 . I didn’t travelled to US and my passport not stamped. Now i wanted to know renewal process of my H1B unused approved petition with same employer and cost of renewal process please help me out.

Thanks in advance

The employer needs to file a cap-exempt petition for you. Cost needs to be bear by employer. I am not sure about the exact number but it’s something like 500-1000 USD excluding attorney fees. They would need to submit documents similar to what was filed during initial filing. In addition submit copy of previously approved 797 to show that you have already made through the cap.

Saurabh, My company trying to file the petition in cap exempt but my attorney replied that USCIS voided the expired petition in cap exempt and its not been condider we need to file new petition and it has to go through lottery…is this true please reply me thanks in advance.

Not a legal expert, but I remember reading about cases where people were able to successfully file cap-exempt petition even when the old petition has been withdrawn by employer. You can talk to your employer and discuss w/ attorney to give it a try.

Saurabh need you help on this and my attorney replied for my renewal like this please see below:

Attorney reply

Unfortunately, it’s not legally possible to “renew” an H-1B petition in the way you’re thinking, and especially not in your particular situation. The USCIS immigration agency here takes the position that a company’s H-1B cap/quota lottery win is voided, if the employee never applies for an H-1B visa at the US embassy, nor enters the US in H-1B status. Merely having an H-1B petition approval alone doesn’t lock-in the cap lottery win, if it’s never “activated” by getting a visa and coming to work in the US. That’s especially true when the company’s petition approval has already expired. would need to simply file another H-1B petition for you in this year’s April 1st cap lottery. If that new petition was selected in the lottery and approved, you could then apply for an H-1B visa and enter the US on October 1st.

Sorry that it’s not possible to simply “renew” the old 2014 cap lottery win.

this is the reply from Attorney please help how to proceed further. Thanks in advance for your support.

Here is someone who has done this: http://redbus2us.com/h1b-transfer-without-traveling-to-us-in-india-no-approval-notice-experience/

In the end, you have to go w/ your attorney and employer are suggesting.

I have nothing more to add here.