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manish0817

H4->H1 with Expired H1B Visa of 2012

By manish0817 in Work Visas

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manish0817 Newbie

manish0817   0

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Hello All,


1. My employer from India applied H1B visa in Mar-2012 and got approved. Approval petition had valid date from Oct-2012 to Mar-2013.

2. I did stamping approved in Feb-2013 and visa valid only till Mar-2013 but never traveled to US and visa got expired.

3. In June 2013 I have traveled to US on my wife's H4 dependent visa. Valid I-94 till Sep-2015.

4. I found one employer (consultant), who had filed fresh petition for H4 -->H1 conversion in premium process.Petition filed by employer showing client as in-house project. After 5 days of petition filing got an RFE for client position detail and evidence. Employer replied for RFE with documents and details summary prepared by Attorney. This petition was denied by USCIS on 20September, 2013.


I have below few questions raising up to go ahead with this situation.


1. I came to know that as I have never utilized my first approved petition so I can never use the allocated slot in future. Is this correct?

2. Is my CAP slot still valid to file a fresh petition in CAP exempt anytime?

3. My consultant told me that as per policy an employer can file fresh petition which will be CAP exempt. In this scenario will this new petition has any impact of previous petition which got denied. Any history will be taken into consideration by USCIS?

4. New employer will file petition on the basis of original CAP/petition filed by previous Indian employer. Will Indian employer has the rights to cancel this CAP slot or petition in any situation?


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manish0817 Newbie

manish0817   0

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As far as I am aware you cannot use the expired visa and that does not make you cap exempt.

Hi Harsh,

Thanks for your reply.

If what you have said is true then why my US consultant filed H4->H1 petition in July 2013 in CAP exempt?

If this petition doesn't fall under CAP exempt then why USCIS had given denial reason as "Client detail and position".

USCIS should not accept if petition doesn't come in CAP exempt or should give respective denial reason.

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