Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L2 to H1B transfer (Employer not disclosing Receipt# on quitting )

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L2 to H1B transfer (Employer not disclosing Receipt# on quitting )

    Hi,
    I worked in India for an indian company in 2010. That time the employer applied for H1-B cap and it got approved. I did not do a visa stamping. I quit the job.
    Now in 2015 i am in US as a L2 dependant. My spouse' visa is getting over in 6 months, so we are in need of a visa.

    1. Can i re-open the old H1B now?

    2. I do not have the receipt number or any documentation. I just got mail in 2010 that my visa got approved.

    3. What documents do i need in order to do a change of status from L2 to H1B?
    * Receipt number and Original H1B approval notice - My ex-employer is not willing to disclose these. Is there any way of getting it from USCIS?

    4. My H1B visa did not get stamped at consulate - will this have an impact
    What is the best way to go about this? Is there any way i can reuse that old H1B?

    If i do get the receipt number, will it be enough to get me to work legally?

  • #2
    1. Can i re-open the old H1B now?
    >>> There is no such thing as re-opening a old H1B. But since your H1B was approved within the last 6 years, you are exempted from CAP. If you have a copy of your previous H1B approval notice, then any employer can file a new H1B petition using that CAP and request an immediate start date. You don't have to go through quota with an H1B start date of Oct 1st 2016.

    2. I do not have the receipt number or any documentation. I just got mail in 2010 that my visa got approved.
    >>> Well, you need a copy of the H1B approval notice to initiate a COS from L2 to H1B.

    3. What documents do i need in order to do a change of status from L2 to H1B?
    * Receipt number and Original H1B approval notice - My ex-employer is not willing to disclose these. Is there any way of getting it from USCIS?
    >>> You need a copy fo the approval notice. Those are employers documents and so getting it from them is the only option. You can request it through FOIA, but you may or may not get it. FOIA will take more than 6 months.

    4. My H1B visa did not get stamped at consulate - will this have an impact
    >>> That is not an issue.

    What is the best way to go about this? Is there any way i can reuse that old H1B?
    >>> Not without a copy of the previous H1B approval notice.

    If i do get the receipt number, will it be enough to get me to work legally?
    >>> You cannot work legally in H1B status until your L2 to H1B COS gets approved.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X