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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106230
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have h1 visa stamped on Nov 12 expired on sep 13. However

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I have h1 visa stamped on Nov '12 expired on sep '13. However I have not traveled to US, that is the visa has not yet been used. Is this visa can be used any more ?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


That visa was an H-1B cap-exempt visa or it was a cap-subject visa?
Customer: replied 3 years ago.


It was cap-subject visa

Ok. Then while you cannot use that visa anymore, because the visa was approved within the last 6 years, you can apply for a cap-subject or cap-exempt visa status through a new employer and not be subject to the cap. The cost depends on how many employees the company has that petitions for you. It can be as little as $1525 without Premium Processing and as much as $5550 for big companies and with Premium Processing. Here is a link where you can look at the middle of the page for the fees:


http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2014-cap-season

As to how long it can take, well, without Premium Processing, about 6 months, maybe a little less, maybe a little more. With Premium Processing, it takes about 15 business days.


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