Have an expired H1b ..wanted to refile
Feb 25th 2014, 4:35 am
#1
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Joined: Feb 2014
Posts: 1
Have an expired H1b ..wanted to refile
I had H1B visa from an employer A for one year,which I couldn't utilize it bcoz of some reason and that got expired on Jan14
My question is I need to ask the same employer A to refile it this year, will it be cap exempt or not.
and one more question - When it can be file, means in the month Mar- April or later could also do?
PS: I got the visa on Jan 13 and it expired on Jan14. In 2012-13 there was no cap or quota on H1B visas.
My question is I need to ask the same employer A to refile it this year, will it be cap exempt or not.
and one more question - When it can be file, means in the month Mar- April or later could also do?
PS: I got the visa on Jan 13 and it expired on Jan14. In 2012-13 there was no cap or quota on H1B visas.
Feb 25th 2014, 5:27 am
#2
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Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: Have an expired H1b ..wanted to refile
What's the expiry date on the I-129 petition? (as shown on the I-797 approval notice) If it's still valid, you might not even need to get the employer to refile anything, just get the consulate to issue another visa based on the existing approved petition. If so, there are no particular date restrictions on when you apply for that.
Feb 25th 2014, 4:26 pm
#6
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Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
