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  • H1b, L1b, H1b

    Hi,

    I had H1B from company A and traveled to US using that. Then I went back to India and joined another company B. My H1b was valid till Oct, 2008 and my new company B did not transfer the H1B. Later I came to US from company B on L1B and currently in US with that L1. While L1 stamping at the consulate, they cancelled my old H1B with "cancelled without prejudice".

    My question is - can I somehow reuse my old H1B in US? for example, can my current company B utilize the H1 while I am in USA or can I join back to my old company A (or any other company) using that H1? If yes, what are the steps?

    Please advise.

    Thanks a lot in advance!

  • #2
    H1 transfer can only happen when you are in US and should happen before you join another company. Since you shifted to company B when in India, there is no way company B could have transferred your H1.

    Anyway, now your H1 is invalid whether company A or B.

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    • #3
      Yes, you can use that H1.
      Ask your new employer to file for H1 using that receipt number.

      Comment


      • #4
        Thanks a lot for your response! could you please advise a few more things?

        1. My current L1 is expiring early next year. So can my current employer use this old H1?
        2. Will I be considered under 65K cap?
        3. Can it be done any time of the year or it will be effective only from Oct like new H1.

        Thanks again!

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        • #5
          can anyone help/suggest, please?

          Comment


          • #6
            can anyone plssssssssssssss help?

            Comment


            • #7
              Your new employer (or any employer for that matter), can file a cap-exempt petition for you any time as long as total time spent in the US in H1+L1 is less than 6 years.
              This is my opinion and not legal advice.

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              • #8
                Thanks a lot!!!

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