Urgent - H1B cancelled without prejudice on my visa in US consulate

[arunprasth]

Hello,

My H1B Visa got cancelled saying " H1B cancelled without prejudice " on the Visa when i went for L2 Interview. I haven't used my H1B. I'm in US now in L2(applied EAD and my L2 is valid only till Jan 2012 ) and i want to know whether can i use same H1B Visa or use the same petition to get another H1B Visa and work in US or should i apply for new H1B. Please update me ASAP. Appreciate your help !.

Thanks,
Arun

[kabkaba]

Visa and petition are two different things.
If any employer files an H1 petition for you, you can work for them after change of status to H1. That petition need not again go through new cap and can make use of the old cap until you spend 6 years in the US in H1 or L1 status.

[arunprasth]

Thanks.

Thanks for the info. I already got the H1B Visa and cancelled when i appeared for L2. They cancelled my visa by putting "Cancelled without prejudice". I want to know whether can i use the same H1B Visa now or not. I'm in US in L2 now.
Please advice.

[shervin143]

Read the previous reply one more time. Visa and petition are two different things. H1B visa (The one that is stamped in your passport) is only required to enter U.S in H1B status. If it is already cancelled, then you cannot enter U.S in H1B status unless you get a new one stamped. However, CAP from your previously approved petition is valid for 6 years. So any employer can file a H1B petition on your behalf (As a COS from L2 to H1B) using the CAP from your existing H1B petition and request an immediate start date. When the H1B petition gets approved (with a new I-94), you can start working in H1B status. If you leave the country and want to return back and continue to work for the H1B employer, then you will need to enter in a valid H1B visa for which you will need to go for H1B stamping again with the documents from your new employer.

Thanks for the info. I already got the H1B Visa and cancelled when i appeared for L2. They cancelled my visa by putting "Cancelled without prejudice". I want to know whether can i use the same H1B Visa now or not. I'm in US in L2 now.
Please advice.

[arunprasth]

Thanks

Tons of thanks for the clarification. Can i file a new H1B in this years quota. I have applied for EAD. How long will it take to get EAD. May 9th i got an appointment with ASC for biometrics capturing.

[kabkaba]

You are already cap-counted. You do not need to go through new cap. H1 employer can request immediate start date instead of waiting for Oct 1.

[arunprasth]

Thanks

I'm applying new H1B thru different employer not with the same employer from whom i got old H1B(in 2009). I haven;t used the old H1B Visa and petition expires on Sep 11. I thought if go for new one i will get another six years as 3 years gone wasted in my old visa. Please advice.

[kabkaba]

Only the time spent in the US in H1 status counts against 6 years. So nothing is wasted.
Every petition is a new petition, the only difference in using previous cap number is requesting immediate start date instead of waiting until Oct 1.

[arunprasth]

Thanks

Thank you very much. Appreciate your quick response.

Please correct me if I'm wrong. I have to follow these steps now in order to use my existing H1B petition.

1. Contact my previous H1B employer and ask for immediate start requesting USCIS with the pettion which is valid till Sep 2011.

2. Reject the offer from new employer & use old H1B to work.

Please advice me what is the best i should do now given the sitution i'm in.

Another Query Regarding my Wife's Visa -

She is working Indain company in L1B for last 3 years and her L1B is valid till Jan 2012. She has an option to extend till nov 2012 at the max.

If she files H1B now how long she will get to work. Could Years spent in L1B will be counted for new H1B. Please advice.

Apologize if the same question being answered before.

[shervin143]

1. Contact my previous H1B employer and ask for immediate start requesting USCIS with the pettion which is valid till Sep 2011.
>>> I don't think that you are getting the point here. You cannot work for the H1B sponsor without your status being changed from L2 to H1B. Working in L2 by obtainig an EAD is a different story. If you want to go back to your previous H1B sponsor or to any other new H1B sponsor, they will have to file a new H1B petition using the CAP from the previous H1B approval notice as a COS from L2 to H1B. Upon approval of the H1B COS (it should come with a new I-94), you can start working in H1B status.

2. Reject the offer from new employer & use old H1B to work.
>>> Read the above answer. You ultimately need a H1B approavl with COS to get you into the H1B status to work. You cannot use the old petition to work now since you are in L2 status now.

She is working Indain company in L1B for last 3 years and her L1B is valid till Jan 2012. She has an option to extend till nov 2012 at the max.

If she files H1B now how long she will get to work. Could Years spent in L1B will be counted for new H1B. Please advice.
>>> H1B + L1 is equal to 6 years. After that, she will need to spend 1 year outside U.S to start working again in H1B or L1 status (assuming I-140 for green card is not approved by that time).

[New_bie]

Visa and petition are two different things.
If any employer files an H1 petition for you, you can work for them after change of status to H1. That petition need not again go through new cap and can make use of the old cap until you spend 6 years in the US in H1 or L1 status.

Hello,

My H1B Visa got cancelled saying " H1B cancelled without prejudice " on the Visa when i went for L2 Interview. I haven't used my H1B. I'm in US now in L2(applied EAD and my L2 is valid only till Jan 2012 ) and i want to know whether can i use same H1B Visa or use the same petition to get another H1B Visa and work in US or should i apply for new H1B. Please update me ASAP. Appreciate your help !.

Thanks,
Arun

Hi,

Am in same situation. Can you please reply me whether ur able to use the old H1b with " cancelled without prejudice ". Eventhough u didnt use the old H1b, are you cap exempt?