Use old (expired) H1B petition to use remainder time of 6 years

USA H1B Visa
1

Hi, Here is my case

With Employer AH1B Application was filed and approved in April 2007 (first time H1 ever had lottery),H1B Stamped 26-SEPT-2007 with validity till 23-SEP-2010

H1B Petition (I-797) expiry date was 23-SEP-2010

I entered US on this H1B in Jan 2008 and returned back by July 2009 (18 months) 1.5 years

Now I came across an Employer B who has checked with his Law firm and he confirms that even though it has been more than 6 years since I was last in the US, but he can still use my old expired petition and file a new petition (also transfer it to himself in the process) and use the remaining 4.5 years.

I did my research and I told him, that the petition can be transferred only during the 6 years of the validity of the petition (in my case 23-SEP-2013) but he insists that he has in the past got H1B petitions re-filed and transferred of people who had an H1B but never used the petition, never got stamping done and never traveled to US. He was able to use their entire 6 years.

When I spoke to a few lawyers they confirmed it has been more than 6 years I was in the US last. If there was any chance, it would have been before Jul 2015 (6 years from July 2009 when I left the US)/Even then, they say you can definitely file the petition but there are very high chances of denial.

hence I wish to taken an opinion from the experts here if it is even possible to use the 4.5 years from the old petition and file a new one which is Cap exempt?

please let me know.

Thanks

1 Like
2

I dont think in your case, you can use the old petition. I guess its a kind of game most of desi consultancies plays to take money.Don’t fell into that troop. Its not at all possible to use that petition for transfer or extensions.

3

Hi JathinB,

Thanks for your reply.
So I was able to find one employer, who checked with his immigration attorney.
His attorney said, it is a grey area and there are 50/50 chances of petition not being approved.

There is 50% chance it may get approved as well.

Now coming to cost - Since here there is no lottery case, what could be the possible reasons based on which USCIS may reject my application?
One which I can think could be that the petition is too old (more than 6 yrs old from last date of stay) hence rejected.

Anything else that you can foresee?

Secondly, if they reject will they refund the full fees or a part of it?