H1B Extension denied, can I get back my H1B

[nchanilk]

I had H1B and worked in USA from Jan 2008 to Sep 2009. During my H1B extension it was denied. Immediately I traveled to India and came on L1B with in three weeks. So, from Oct 2009 to till date I am working on L1B.


1. H1B Extension was denied from Employer A, Is it possible to re-open the H1B from Employer B?
2. What are all the options Employer B is having to get my H1B back?
3. My Old H1B was old one and its expired, even then its valid?
4. I worked on H1B for 1.5 years and 1.5 years on L1B. How many years i am eligible for H1B quota, is it 4.5 years or 3 Years?
5. Do I need to go to India and get Visa stamp for H1B? to do the change of status?
Please help me on this.

Regards,
nchanilk

[shervin143]

1. H1B Extension was denied from Employer A, Is it possible to re-open the H1B from Employer B?
>>> I am not sure what you are asking. Employer B can file a new H1B petition under the old H1B CAP as a COS from L1 to H1B. When that gets approved, you can start working immediately for employer B as on the H1B effective date.

2. What are all the options Employer B is having to get my H1B back?
>>> Read answer 1.

3. My Old H1B was old one and its expired, even then its valid?
>>> Again, I am not sure what you mean by that. The petition when expired is EXPIRED. However, then CAP will remain valid until you complete 6 years in H1B + L1 combined.

4. I worked on H1B for 1.5 years and 1.5 years on L1B. How many years i am eligible for H1B quota, is it 4.5 years or 3 Years?
>>> 6 years minus time spend in H1B status minus time spend in L1B status. You do the math.

5. Do I need to go to India and get Visa stamp for H1B? to do the change of status?
>>> If the H1B is filed as a COS (if the approval comes with a new I-94), then you can start working for the H1B sponsor without leaving the country. If the H1B gets approved as a consular process (No new I-94), then you need to leave the country and return back in H1B visa to work for the H1B sponsor.