Unutilized H1B Visa - extenstion process & options

USA H1B Visa
1

Hi all, I got my h1b stamped with my current company in India this year. But I have not travelled at all using that and its going to expire soon.

I have 2 questions.

  1. In case I change my employer in India, will the new employer be able to utilize the my existing unused VISA by applying for an extension with their sponsorship? (essentially using existing Visa with new petition)

  2. In case I want to extend my unused Visa with same employer in India, do I have to go through lottery next year as a new Visa applicant or is it simpler? If yes please explain my options

Any helpful response will help me plan my career.

Thanks.

2

New employer can file cap-exempt H1B petition and up on approval you can use your existing visa to enter the US as long as the visa is valid at the day of your entry.
If your visa expires before your travel date, you will need to apply for visa stamping.

You should qualify for cap-exempt, so no need for lottery.

1 Like
4

Thanks Kalpesh for your prompt response. So essentially both my cases have similar process. New/Old employer need to file HIB petition as cap-exempt as scenario.
Just one final question. When can cap-exempt be filed? Any time the employer wants or is there some a quarterly cut off or something like that? Also how long will Cap-exempt take from documentation to submission to stamping?

Thanks again

5

Can apply any time.

Depends on USCIS and consulate appointment & processing time.

6

Thanks a lot for your time. It will help me in planning my immediate future.