How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28186
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

My brother got his H1 Visa approved in Pakistan (January

Customer Question

Hi ,
My brother got his H1 Visa approved in Pakistan (January 7th 2008) but never came to united states on H1 Visa. But he came to United States on F1 Visa in 2012 for doing MBA from Carnegie Mellon University. He graduated last year and applied for H1 now in lottery but did not get the visa. My question can he apply expired 2008 H1 Visa and get that approved.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
USCIS policy is that if your brother has an approved petition that was not revoked by the petitioning employer prior to the effective date he can use that cap quota number for a petition filed by a new employer and not be subject to the cap.
He needs either the I-797 Notice of Action approval notice of the H1B petition or he needs a copy of the actual approved petition which he can obtain throu a FOIA request using form G-639 for the new employer to attach to their petition for new employment and change of status from F1 to H1B.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Related Immigration Law Questions