Expired H1B visa

[rv2010]

Hi,
I was on H1B visa from Oct 06 - Mar 08 from company A in US. I went back to India in Mar 08.
I came back to US from same company ( company A) on L1b visa in Oct 09.
When I stamped L1b, H1b visa stamped as - Cancelled without prejudice.
My question is.
Can I transfer my expired H1b visa to company B ?
Do I need to go out of US to stamp visa ?

[shervin143]

You cannot transfer a visa from one company to another. It's the petition that gets transferred. Visa is just an entry document to U.S. You will need H1B stamped again only if you want to re-enter U.S in H1B status. When you are already in U.S, your H1B employer can apply for a COS from L1 to H1B and if approved, it will come with a new I-94.

[rv2010]

You cannot transfer a visa from one company to another. It's the petition that gets transferred. Visa is just an entry document to U.S. You will need H1B stamped again only if you want to re-enter U.S in H1B status. When you are already in U.S, your H1B employer can apply for a COS from L1 to H1B and if approved, it will come with a new I-94.

Thanks for reply.. Will my L1 get cancelled in that case.
or Can I transfer H1B to other company B .. even tough it's exepired ?
I was on that visa only for 1.5 years

[shervin143]

Will my L1 get cancelled in that case.
>>> No. But if your H1b gets approved as a COS (comes with new I-94), then you need to stop working for the L1 employer as per the effective date of the COS. If you want to continue with the L1 employer beyond the H1B COS, then you need to leave the country and re-enter in L1 visa.

or Can I transfer H1B to other company B .. even tough it's exepired ?
I was on that visa only for 1.5 years.
>>> Like mentioned earlier, visa is not important here. It is the petition that counts. If it has expired, then a new H1B petition need to be filed by your new employer. But you can use the CAP from the previous petition.

[rv2010]

Thanks for reply.
Is there any way I can check if earlier petition is still valid .. on some site ?

[shervin143]

http://www.immihelp.com/timings/tracking.jsp

[rv2010]

It shows status as
Post-Decision Activity .
what is mean by that?
As you said , can new Company file/transfer H1 .. and CAP is not applicable for that?
and what will be duration of new H1B (3yrs -1.5 yrs) ?

[shervin143]

[QUOTE=rv2010;190511]It shows status as
Post-Decision Activity . what is mean by that?
>>> It means, a decision has been taken on your case and it has been sent to your employer (approved/rejected). If your employer has revoked the H1B, it would show as "Revoked".

As you said , can new Company file/transfer H1 .. and CAP is not applicable for that?
>>> Yes.

and what will be duration of new H1B (3yrs -1.5 yrs) ?
>>> That depends on the project itenary provied by your employer while filing the H1B petition.

[rv2010]

Thanks for prompt reply..!!