Currently in India, Laid off and having Valid petition upto 2010 from company ABC

[venkatesh111]

Hello Sir/Madam,

I have Valid H1B petition upto Oct 2010 from Company ABC(direct client) which laid me off in September 2008.

Immediately I got job from Company ABC2(direct client) and applied for H1B extension on 16 Oct 2008. There was a lay off from ABC2 in 2008 Dec 13. At that time my H1B extension was still pending from ABC2.

After that I searched for job and got job in Company XYZ in January 20 2009. I approached Indian consulting company and applied for H1B extension on 2009 Feb 03 and started working from Feb 04 2009.

Meanwhile I had some family urgency in India and returned to India in 2009 May 13. At that time my H1B extension was still pending from Indian consulting company. Later I found that it was denied sometime in Sept 2009.

Since I have valid H1B petition upto Oct 2010 from company ABC. Can I use this valid H1B petition and come to USA if some company apply for extension or transfer my H1B.

Please advice. Thank you so much in Advance.

[shervin143]

You cannot use Company ABC H1B petition any longer since you don't work for them. However, you can apply for a new H1B petition with a new employer or file for a transfer and if that gets approved, you can use the new petition to travel to U.S to work for the new employer.

[venkatesh111]

Thank you very much for the information. Can I use the H1B petition from the old company (that is Company ABC) and transfer it to new employer instead of going for new H1B.

[shervin143]

You can do that. Give your new employer a copy of your approval notice to prove that you are already CAP counted.

Thank you very much for the information. Can I use the H1B petition from the old company (that is Company ABC) and transfer it to new employer instead of going for new H1B.