H1B approved petition but never used and now filing new H1

[lisha]

Hello

I am currently on L1 B with Company A. I also have approved H1 B petition with Company B which is valid until 2012. But this was NEVER used , and I always worked on L1B with Company A.

Now I want to discontinue with Company A and get transferred to H1 B with Company C. I have following queries :

1. Can company C file for new H1 petition without worrying about rejection ? When I spoke to Company C , per them, they want me to get a project through Company B first, get on their payroll first and then transfer the H1 to Company C. Since I never used Company B's H1B, they think it makes it more difficult for them and there is a high probability of rejection.

2. Also Can company C start the process of filing my H1 without a project in my hand ? I will be out of status in US as soon as I discontinue with Company A, therefore I would like to start the process of filing H1 so that I can legally stay here.

3. Is it advisable to be on dependent status and then transfer to H1 when I find a project ? My husband is on F1 OPT.

Thanks again !

[shervin143]

What is your current immigration status? When you say that you have an approved H1B petition that was never used, did that petition get approved for consular process or COS? I mean, did the H1B petition come with a new I-94 (assuming that petition was filed when you are inside U.S workingf or L1 employer). If that petition was approved as a COS, then how did you get back to L1 status to continue working for the L1 employer? It is hard to answer your question without knowing the answers to these questions.

[lisha]

Approved H1 B petition was filed and approved when I was back in India. After that I got a project thru Company A on L1. Therefore I entered US on L1B. This H1 B petition was never used/stamped.

[kabkaba]

C seems like a typical IT Consulting company. Irrespective of your current status or current employer, C will face extra scrutiny in their H1 petition. Nowadays, it is not possible for typical consultants to obtain H1 approval without showing project in hand.
The only difference in having an H1 petition approved is that in the future, you will not have to go through H1 cap. Any employer can file a cap-exempt petition for you with immediate start date. That does not change anything about the employer, job, employee-employer relationship or the need of having project in hand.

[lisha]

@kabkaba,
Is it true that I WILL HAVE to first find a project thru Company B and get onto their payroll first, before any other consulting company files my new H1B petition ?

Thanks for your advice,

[shervin143]

That is not true. You don't have to work for employer B and get payslips. Any employer should be able to file a COS from L1 to H1B either using the CAP from your old H1B approval notice or using a new CAP (The CAP is still open) and request an immediate start date.

@kabkaba,
Is it true that I WILL HAVE to first find a project thru Company B and get onto their payroll first, before any other consulting company files my new H1B petition ?

Thanks for your advice,

[lisha]

@shervin143
Thanks for the response. This should help.

[kabkaba]

You don't have to work for B. But for C to get an approval in consulting model, it is very difficult without showing a project in hand.

[bvin2k]

L1 to H1 transfer CAP EXEMPTION using old approved H1 which I never used

Hello,

I am in similar situation. Here it is :

I am currently on L1 B with Company A working since Aug-2007. I had an approved H1 B petition with Company B. This H1B petition was valid from Sep-06-May-09 so at this point of time its expired. But this petition I NEVER used and I always worked on L1B with Company A. I never had H1 visa stamp in my passport.

Now Company C wants to file a new H1B for me. For some reasons the Company C missed to file before the FY2012 H1B CAP reached. My question is :

1> Can the Company C file a new H1B(COS from L1) referring to Company B's H1B and get the CAP Exemption for me ? Is there a USCIS policy which I can point them to use for this?


Awaiting quick response.

[shervin143]

Possible. They just need to file the new petition using your old CAP by providing a copy of the previous H1B approval notice.

Hello,

I am in similar situation. Here it is :

I am currently on L1 B with Company A working since Aug-2007. I had an approved H1 B petition with Company B. This H1B petition was valid from Sep-06-May-09 so at this point of time its expired. But this petition I NEVER used and I always worked on L1B with Company A. I never had H1 visa stamp in my passport.

Now Company C wants to file a new H1B for me. For some reasons the Company C missed to file before the FY2012 H1B CAP reached. My question is :

1> Can the Company C file a new H1B(COS from L1) referring to Company B's H1B and get the CAP Exemption for me ? Is there a USCIS policy which I can point them to use for this?


Awaiting quick response.

[krishna3010]

H4 to H1B and back to H4

Hello,

i am currently(Nov) on H4 visa and my H1B petition was filed in July and is still pending,

when my H1B gets approved and i donot want to go back to my employer, can i continue to stay in H4 visa?

Can a new employer file H1B approval transfer?

Thanks in advance.

[shervin143]

i am currently(Nov) on H4 visa and my H1B petition was filed in July and is still pending,

when my H1B gets approved and i donot want to go back to my employer, can i continue to stay in H4 visa?
>>> Was the H1B filed as a COS from H4 or as a consular process? If it is a COS, then upon approval, your status will change to H1B and you should be working and get paid to maintain your H1B status. In such case, if you want to remain in H4, then either a COS to H4 should be filed immediately or you should leave the country and return back in H4 visa.

Can a new employer file H1B approval transfer?
>>> Possible.

[krishna3010]

H4 to H1B and back to H4

Hi Shervin,

Thanks much for your response.

My H1B was filed by my Indian company in July.I got married in Septemebr and later entered US on H4.Since my H1B was filed by my Indian company before my marriage,I suppose its not a COS application.Still my H1B is pending approval.They want me to come back as they dont have any current postions in near future in US to offer me after H1B approval.So I am planning to resign and be in US on H4 and later try jobs with a new employer.

So when my H1B gets approved,do I remain in H4 as my application was filed before my marriage.

Also one of the employer is searching contracts for me in US and he says that as already my H1B is filed ,I will be in this year 2012 quota ,if he could find me a project,he can transfer my application even its pending approval.Is this true.??

If I transfer my aplication some 3 months later after approval with good employer ,Are there any chances of rejection of Visa by UCSIS as I have not used my H1B and didnot maintain any status.

Thanks In Advance.

[bvin2k]

Thanks for the quick reply. Is there any USCIS policy link which I can give to the company C to build up their confidence ?

Possible. They just need to file the new petition using your old CAP by providing a copy of the previous H1B approval notice.

[shervin143]

Search in uscis.gov. Ask the employer to consult a good immigration attorney and they will know how to proceed with using the previous CAP.

Thanks for the quick reply. Is there any USCIS policy link which I can give to the company C to build up their confidence ?