Using H1B petition approved 2 years ago

[vasani_manish]

Hi,
I entered US on an L1 work visa in 2007 and worked for 2 years. Towards the mid of 2009 the company applied for my H1B which was approved and petition had validity from Sept 2009 to August 2012. But in Jan 2010 I converted from L1 visa to F1 student visa as I wanted to pursue full time study. Though my L1 visa was cancelled, I never got my H1B stamped. Now I am finishing my studies in May 2011 and have again got a job offer from the same employers. I wanted to know if I can use the same H1B petition approved in 2009 to get my visa stamped or should I ask the employers to file a new H1B petition and currently start working on F1 OPT status. Any help is appreciated!

Regards,
Manish

[shervin143]

If you are in U.S now, then the employer can file a COS to H1B and you can start working in H1B status when the petition gets approved with a new I-94 (Visa is just an entry document to U.S and it is required only to enter U.S). Alternatively, if the old petition is still valid (If the employer hasn't revoked the petition), then you can get the visa stamped and enter U.S in H1B visa and start working for that employer.

[vasani_manish]

Thanks a lot shervin!