H1-B Visa Expired. Options to work in USA

[need_info]

Hi,

I stay in India.
I had a H1-B Visa from a Company A (validity Aug 2008 - Sep 2010), which got expired by Sep 2010. I have never used my H1-B Visa, as the job market was not good in USA during that time.

I also had L1 Visa from a Company B (validity Jan 2007 - Dec 2010) traveled to USA for 2 months and returned back to India.

Currently I am working in India for a Company C and I recently visited USA for a month on Business trip. I got the Business Visa (B1/B2) with 10 years validity (validity July 2011 - July 2021).

Now, I am looking for an opportunity to work in USA, but my current company (Company C) cannot send me on a Long term or H1 Visa. What are the options available for me to work in USA?

Since my H1-B Visa is expired,

1) Should I file for a fresh H1-B Visa in the quota which will be opened in 2012?

2) Can I use my earlier H1-B Visa (which got expired) in any way?

3) Can I enter USA on my B1/B2 Visa and get a H1-B Visa there?

[shervin143]

Find a new employer who can file a new H1B petition on your behalf using the CAP from the previous H1B approval notice. You don't have to go through the CAP again. Upon approval, you can attend the H1B visa interview and if the visa gets approved, you can travel to U.S to work for the sponsor.

Hi,

I stay in India.
I had a H1-B Visa from a Company A (validity Aug 2008 - Sep 2010), which got expired by Sep 2010. I have never used my H1-B Visa, as the job market was not good in USA during that time.

I also had L1 Visa from a Company B (validity Jan 2007 - Dec 2010) traveled to USA for 2 months and returned back to India.

Currently I am working in India for a Company C and I recently visited USA for a month on Business trip. I got the Business Visa (B1/B2) with 10 years validity (validity July 2011 - July 2021).

Now, I am looking for an opportunity to work in USA, but my current company (Company C) cannot send me on a Long term or H1 Visa. What are the options available for me to work in USA?

Since my H1-B Visa is expired,

1) Should I file for a fresh H1-B Visa in the quota which will be opened in 2012?

2) Can I use my earlier H1-B Visa (which got expired) in any way?

3) Can I enter USA on my B1/B2 Visa and get a H1-B Visa there?

[Niceheart]

h1b visa

Does that mean the person has to wait till april 2012 to file h1b and start working in oct 2012 in us..? Or will that be immediately approved using existing cap...?

[shervin143]

Did you read my previous reply? It is clearly mentioned that you can utilize the CAP from your previous H1B petition (no need to go through quota again) and upon approval you can attend the visa interview immediately and start working. If you have no plans to utilize the previous CAP, then wait until April 1st 2012 to file the petition with an employment start date of Oc 1st 2012.

Does that mean the person has to wait till april 2012 to file h1b and start working in oct 2012 in us..? Or will that be immediately approved using existing cap...?

[need_info]

Find a new employer who can file a new H1B petition on your behalf using the CAP from the previous H1B approval notice. You don't have to go through the CAP again. Upon approval, you can attend the H1B visa interview and if the visa gets approved, you can travel to U.S to work for the sponsor.

I have an employer who is ready to file a H1-B with CAP exempt. But he asks me to come down to USA on by B1/B2 Visa. He says that, once I am in USA, he will get the Visa approval and I can change my status from B1/B2 to H1-B.

Guide me, if I can do like that?

[shervin143]

It is pure illegal to do that.. Every visa has its own purpose. B2 is for tourism and B1 is for business. It is illegal to travel in B1/B2 to search for jobs. Also, a COS from B1/B2 to H1B will lead to a lot of questions when you attend the visa interview the next time. My 2 cents, find an employer who values the immigration rules. This employer seems like they will do anything to earn money.

I have an employer who is ready to file a H1-B with CAP exempt. But he asks me to come down to USA on by B1/B2 Visa. He says that, once I am in USA, he will get the Visa approval and I can change my status from B1/B2 to H1-B.

Guide me, if I can do like that?