L1 to Hi questions

[hari1177]

Hi,

I have previously asked questions, but not cleared yet, please suggest me as per my case.

In 2007 I got H1 approval and got Visa, but after that I have decided to come on L1 and did the process. I got L1B approval and in my passport they did cancel my H1 visa stamp. And I came to US in 2008 on L1. Still I am in US.

My questions are:-
1. My H1 petition is still valid? If the visa get cancel also?
2. As per H1 petition, it's valid still Sep 2010. Can I do Fresh H1 process (when can I do fresh H1)?
3. As my H1 petition expires in Sep 2010, if I go to that employer, how it will work (I mean, if we do the COS also, the petition will expire in September, right?, how it will work)

Please suggest.....Thanks

[Subramanya]

I have previously asked questions, but not cleared yet, please suggest me as per my case.

In 2007 I got H1 approval and got Visa, but after that I have decided to come on L1 and did the process. I got L1B approval and in my passport they did cancel my H1 visa stamp. And I came to US in 2008 on L1. Still I am in US.

My questions are:-
1. My H1 petition is still valid? If the visa get cancel also?
---- Yes

2. As per H1 petition, it's valid still Sep 2010. Can I do Fresh H1 process (when can I do fresh H1)?
---- If you are in the US on L1, you have to do a COS from L1 to H1 before doing anything on your H1. If you want a new H1 you have reside outside the US for 1 yeara and after you can apply for a H1

3. As my H1 petition expires in Sep 2010, if I go to that employer, how it will work (I mean, if we do the COS also, the petition will expire in September, right?, how it will work)
---- read above

Subramanya

[hari1177]

Why to reside outside of US? for applying fresh H1?
I just completed 2 years on my L1, so still I have 4 more years, right?

[shervin143]

You can do both (Fresh H1B or COS). L1 + H1B together is for 6 years. If you have not spent anytime on H1B before, then you get another 4 more years on H1B (assuming you have already completed 2 years in L1).

If you want a fresh 6 years on H1B, then you will need to spent 1 year outside U.S.

Why to reside outside of US? for applying fresh H1?
I just completed 2 years on my L1, so still I have 4 more years, right?