Query Regarding Old Approved H1B Petition

[rkalsulkar]

I have a copy of an old H1B petition which was filed by my previous employer in year 2006.
The current status on uscis.gov website is showing up as 'Initial Review' (Which is a step after Acceptance)
I am currently in US working on L1 Visa and wanted to know if this previously filed H1B still hold good.

[shervin143]

If you haven't used 6 years in H1B + L1 combined, then any new employer can file a new H1B petition using the CAP from the old petition and request an immediate start date (Filed as a COS). You can start working for the new employer once the H1B petition gets approved.

[rkalsulkar]

I was in India when my H1B was filed and got approved. I did not get it stamped and never come to US on it. It is just in approved status for past several years.
I wanted to know if there is any way I can check whether that old H1B is still valid and I can use it for working here? Or do I need to file a fresh H1B? Currently I am on L1B visa.

[shervin143]

Are you planning to go back and work for the same employer who filed that H1B petition. If not, whether it is currently active or not should not be your concern. As long as your haven't completed 6 years in H1B + L1 combined, any employer can file a new H1B petition using the same CAP and request an immediate start date.

There is no way to check whether a petition is currently active or not. The employer might have revoked it. Checking with the employer is the only option. But like I mentioned, it should not be your concern.

I was in India when my H1B was filed and got approved. I did not get it stamped and never come to US on it. It is just in approved status for past several years.
I wanted to know if there is any way I can check whether that old H1B is still valid and I can use it for working here? Or do I need to file a fresh H1B? Currently I am on L1B visa.

[rkalsulkar]

I was just trying to check the possibility of finding new employer and getting same old H1B (if it is still valid) transferred to new employer, so that I don't have to apply for fresh one.
Is this possible?

[shervin143]

Did you actually read my previous replies? There is technically no such thing as "H1B Transfer". Every petition filed by an employer is a new petition. The difference is, whether the petition is filed under the an old CAP or a new CAP. If it is filed under the old CAP (using a copy of a previous H1B approval notice, irrespective of whether that petition is currently valid or not - as long as you haven't used all 6 years in that CAP), then it is a new petition under a old CAP. That will allow you to work immediately after the petition gets approved (Don't need to wait until April to file the petition and wait until October to start working). If you did not have a previous H1B approval notice or if you have already used all the 6 years in the CAP from the previous approval notice, then you will have to go for a new H1B petition filed under a new CAP. In such case, the petition can be filed only on or after 1st of April (as long as the CAP remains open) and can start working only after Oct 1st.

I was just trying to check the possibility of finding new employer and getting same old H1B (if it is still valid) transferred to new employer, so that I don't have to apply for fresh one.
Is this possible?

[rkalsulkar]

Thanks a ton Shervin, it helps getting rid of a lot of misconceptions.

[rkalsulkar]

Hi Shervin,
I don't have 'copy of a previous H1B approval notice' as you mentioned in previous posts.
what I have with me is 'I-797C, Notice of Action' would that be sufficient to be eligible to file new H1B petition under old CAP?

[shervin143]

I-797 is the approval notice. A copy of it is enough to prove that you are already CAP counted.

Hi Shervin,
I don't have 'copy of a previous H1B approval notice' as you mentioned in previous posts.
what I have with me is 'I-797C, Notice of Action' would that be sufficient to be eligible to file new H1B petition under old CAP?

[rkalsulkar]

Thanx again Shervin!