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Unused H1b VISA .. will it come under quota?

San Ramon, CA |

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.

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Attorney answers 3


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.


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.


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 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.