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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 ?

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.

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Attorney answers 4



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 -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


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



This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.