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Urgent - L1 - H1 Visa (Cancelled without Prejudice)

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  • Urgent - L1 - H1 Visa (Cancelled without Prejudice)

    In Feb 2007, I applied H1 with consultant X and got the confirmation and approval for the same in that year but didn’t go for stamping due to my assignment in that year.
    I stamped the H1 visa in March 2008 which is valid until Sept 2010.

    But in Aug 2008 I got my L1 stamped with my current employer and that time my H1 visa got stamped with “cancelled without prejudice”.
    I still have the I-797 of company X which is valid from 2007 to Sept 2010.

    Questions:
    1) What is exactly “cancelled without prejudice”?
    2) Do I need to again go thru the lottery system to apply my H1 or I can transfer my H1 ( not used) to another employer?
    3) Now as my H1 is getting expired in Sept 2010, do I need to find the employer before that? Or I can find some1 after that …?
    4) Now as I have not worked on this H1 for single day, do my H1 period is still getting counted ?

  • #2
    1) What is exactly “cancelled without prejudice”?
    >>> That means your H1B visa is cancelled. If you want to enter in H1B again, you will need to get it stamped. In which case, your L1 might get cancelled. Usually the consulate allows only one work visa to be valid.

    2) Do I need to again go thru the lottery system to apply my H1 or I can transfer my H1 ( not used) to another employer?
    >>> Your petition is still valid. So no need to go though the lottery system. Yes, you can transfer your H1B to another employer or get it stamped for the same employer.

    3) Now as my H1 is getting expired in Sept 2010, do I need to find the employer before that? Or I can find some1 after that …?
    >>> If you want to do a transfer, you need to find an employer before it expires.

    4) Now as I have not worked on this H1 for single day, do my H1 period is still getting counted ?[/QUOTE]
    >>> No. Only the period that you spend in H1B inside U.S will be counted towards the 6 year H1B period.
    Not a legal advice. Use of this information is strictly at your own risk.

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