I had a H1-B visa , which was approved in 2008 and expired in 2011. Can i fall into the exempt category and use that approval ?

Asked 11 months ago - San Jose, CA

I did not utilize the visa because of personal issues. I have a MS from a US university and was working in US from 1999 - 2003. I did not utilize that H1 fully too. Wanted to find out if I can get a H1 now that the quota is over.

Attorney answers (4)

  1. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . Contact an immigration law attorney in your area for help.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Maybe.

    Why maybe? There are many factors that need to be reviewed ... starting with whether or not the company canceled their approved petition ... keep in mind the they own(ed) the paperwork, not you.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . Possibly if the employers that sponsored you did not revoke the visas

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