Help on H1B visa processing

[diffuser911]

Hi All,

I am new to the process of H1B visa application, so need your help with a few queries.

My current employer filed a petition for H1B visa for me, and the I-797 came with a year of validity. Since I was on another assignment abroad, I was not able to get it stamped and the petition validity date expired around 2 years back.

Now I am on the verge of changing companies, or maybe floating in the winds for a while. I wanted to know two things:

• Can I use the I-797 to get visa stamped on my own?
• Can any other company use my I-797 to get my visa stamped?

From reading online forums, I know this: I am eligible to get a visa outside of the yearly cap on H1B. But can it be done by myself/any other company I decide to move to in the future?

Thanks in advance.

 

[max_jeopardy]

Hello Sunil,

The current I-797 cannot be used by another company. and you cannot get the visa stamped on the same I-797.

As there has only been 2 years since the i-797 being issued, I belive it was for the 2013 cap(issued in 2012), your new employer can apply for a fresh H1 petition on Non capped exempt category, as you had a H1 approval earlier.

H1 needs to be sponsored by an employer. You cannot apply it on your own you need an sponsor, who is willing to employ you.

Better would be if you refer to immihelp or redbus2us for further details.

Cheers !!!

SG

 

[diffuser911]

Hello Sunil,

The current I-797 cannot be used by another company. and you cannot get the visa stamped on the same I-797.

As there has only been 2 years since the i-797 being issued, I belive it was for the 2013 cap(issued in 2012), your new employer can apply for a fresh H1 petition on Non capped exempt category, as you had a H1 approval earlier.

H1 needs to be sponsored by an employer. You cannot apply it on your own you need an sponsor, who is willing to employ you.

Better would be if you refer to immihelp or redbus2us for further details.

Cheers !!!

SG

Thanks for your guidance SG. That sounds good enough. My petition expired in Oct 12, but H1Bs are valid for six years if unused/partially used, as per the sites you recommended.