Unused Expire H1b Visa

I got H1b visa and I 797 B had validity of 1 year from 01-oct-2014 to 30-sept-2015. Due to personal issues I was not able to stamp/travel to US… May I know weather my H1b is still valid or not. if yes what next step to be done if I have plan to travel currently by sept-2016 from the same employer as my H1b is expired and unused. Please tell me ASAP. Thanks.

Well the petition and visa stamp has expired. However, you are still cap-exempt.

Get an employer to file a cap-exempt petition for you. Once approved, go for visa stamping and then travel to US to work for them.

Thanks a lot Saurabh. That means my current employer TCS(who has initiated my Visa) can file a cap-exempt for me.

Any idea how much time and money it will take for normal/premium process.

The fees would be in line with what has been outlined here: http://redbus2us.com/h1b-visa-2017-filing-fee-summary/

Even though it is a cap-exempt petition, TCS doesn’t have any prior H-1 approvals for you. So it will be subject to all sorts of fees.

Thanks Suarabh. I didn’t understand what kind of prior H-1 approval you are taling about.

What I am able to conclude from you is that there is no issue even my H1b was unused and expired. Only thing is TCS who has filed my visa earlier will have to spend some buks to file amendments in out of the cap to get the same visa in working status.I hope this is correct.


My mistake. Your current petition is through TCS and they will be filing another cap-exempt for you. So no change of employer.

In that case, they are only subject the base filing fees and AICWA fees.

Thanks a lot for your quick reply.