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Unused H1b VISA .. will it come under quota?

San Ramon, CA |

HI,
I have h1b visa stamped valid from sep2008 to sep2011.
However i have not utilized this and never travelled to U.S.
If i have to apply again will i come under regular yearly quota or can i apply any time.???
I dont have any other documents other than my passport with visa.

Attorney Answers 3

Posted

Generally, an H-1B applicant is not subject to the annual cap if he/she has been counted against a prior cap. The particulars of any situation such as this should be examined with the sponsoring employer and their attorney to confirm cap exemption.

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Posted

Generally speaking, you may use that expired petition for up to the 6 years that the H1B validity period is allotted. You should take all your prior H1B related documents and discuss this matter with an experienced immigration attorney.

Please note: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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