Understanding the Validity and Use of an Approved H-1B Petition without a Visa Stamp

Every petition for an H-1B visa has a expiration date, and if yours was approved in 2013, it is likely that it has already expired. The typical approval period is up to three years, and once this period is over, the petition becomes obsolete and cannot be used for further entries into the United States.

Can I Transfer My H-1B If It's Not Expired?

If your H-1B sponsoring employer has not canceled your petition and it is still valid, you may be able to transfer it. However, it is crucial to have a copy of the approval, and it is highly recommended to consult with an immigration attorney for guidance. You can check the status of your H-1B petition by entering the receipt number on the myUSCIS website.

Transfer of H-1B without a Stamped Visa

Yes, a visa stamp is only necessary when entering the United States. If you are currently maintaining valid legal status while in the U.S., you can transfer your H-1B visa even without a stamp. This means you can continue working for a new employer under the same H-1B petition, provided the sponsoring employer has not canceled or withdrawn the petition.

Handling an Expired Approval

If your approved H-1B petition has expired, you will need to file a new one under the Conrad Program (also known as the Optional Practical Training [OPT] C cap-exempt or H-1B1) or another relevant program. This process is the same as filing a fresh H-1B petition, except that you do not have to go through the lottery system. However, it is essential that you keep your receipt number handy since you will need it for further processing.

Extending an H-1B if in the US on a Different Status

If you are currently in the U.S. on a student visa but still an employee of the company that filed your H-1B visa, you may still be eligible to extend your H-1B status. In this case, you would need to provide evidence of your employment, such as a letter from your employer, your previous H-1B approval, and any other relevant documentation. It is advisable to consult with an immigration attorney to understand the specific requirements and process involved.

Please note that I am not an immigration attorney, and this information is provided for general guidance only. For detailed and personalized advice, please consult with a qualified immigration professional.