2008 Approved H1B never used..so can I now?

[mahantesh]

I have a approved H1B from 2008. I never used it. validity on that is till sept 2011.
I am currently on L1B last year( i.e 5th year). Can I change the company based on my old H1B?

If yes do I need to apply for COS from curent L1B to H1B? how long my H1B will be valid? Do I need to go out of US for stamping? Please let me know the best positive possibilities. Thanks in advance.

[txh1b]

L1+H1 total is 6 years. You can have any company file for a COS to H1b and use it after the COS is approved.

[mahantesh]

need info.

Thanks for the reply. The H1 is sponsored by say consultancy A. If I am joining some other consultancy they just need to apply for COS or they need to apply for transfer as well?

If they apply for COS I hope I will loose my L1B and job with current employer right?

L1+H1 total is 6 years. You can have any company file for a COS to H1b and use it after the COS is approved.

[shervin143]

The H1 is sponsored by say consultancy A. If I am joining some other consultancy they just need to apply for COS or they need to apply for transfer as well?
>>> They will need to file a COS from L1 to H1B. You cannot work for the H1B sponsor until the COS gets approved. Once the COS gets approved, you should work for the H1B sponsor and any employment with the L1 employer will be considered as illegal employment.

If they apply for COS I hope I will loose my L1B and job with current employer right?
>>> I am not getting you. If you want to be in L1 and work for the L1 sponsor, then why do you want to file H1B?

[mahantesh]

Thanks, I have two more questions.

1. Say If my H1B is revoked (as it is not used for long time) by consultancy then just COS is enough for the new consultacy or they need to reinstate H1B and then apply for COS etc?

2.What is the time period I can start working once i get the approved COS from my L1B ?

Thanks a lot for clearing some imp doubts.

The H1 is sponsored by say consultancy A. If I am joining some other consultancy they just need to apply for COS or they need to apply for transfer as well?
>>> They will need to file a COS from L1 to H1B. You cannot work for the H1B sponsor until the COS gets approved. Once the COS gets approved, you should work for the H1B sponsor and any employment with the L1 employer will be considered as illegal employment.

If they apply for COS I hope I will loose my L1B and job with current employer right?
>>> I am not getting you. If you want to be in L1 and work for the L1 sponsor, then why do you want to file H1B?

[shervin143]

1. Say If my H1B is revoked (as it is not used for long time) by consultancy then just COS is enough for the new consultacy or they need to reinstate H1B and then apply for COS etc?
>>> It doesn't matter whether your previous h1B is revoked by the employer or if it has expired. All that is needed from the previous H1B approval is just the CAP number. If you have secured a CAP within the last 6 years, then any employer can initiate a new H1B using that CAP and request an imediate start date. Don;t worry too mcuh about the process. Find a new employer and give them a copy of your previous H1B approval notice and they will know what to do.

2.What is the time period I can start working once i get the approved COS from my L1B ?
>>> Immediately. You should be working for the H1B sponsor as of the H1B effective date. The employer can request the start date to be up to 6 months in the future. If you have to serve notice period with the L1 employer, then consider a future start date when filing the petition.

[mahantesh]

Info required.

Thanks a lot!

CAP number is nothing but the WAC number on the I-797B right? I have Original I-797B which when checked in USCIS site says approved.

If there is no issue on whether its revoked or as it says valid date till 9/2011 I can go ahaed on this for any consultacy COS?

1. Say If my H1B is revoked (as it is not used for long time) by consultancy then just COS is enough for the new consultacy or they need to reinstate H1B and then apply for COS etc?
>>> It doesn't matter whether your previous h1B is revoked by the employer or if it has expired. All that is needed from the previous H1B approval is just the CAP number. If you have secured a CAP within the last 6 years, then any employer can initiate a new H1B using that CAP and request an imediate start date. Don;t worry too mcuh about the process. Find a new employer and give them a copy of your previous H1B approval notice and they will know what to do.

2.What is the time period I can start working once i get the approved COS from my L1B ?
>>> Immediately. You should be working for the H1B sponsor as of the H1B effective date. The employer can request the start date to be up to 6 months in the future. If you have to serve notice period with the L1 employer, then consider a future start date when filing the petition.

[txh1b]

Unless it was revoked for fraud, the number belongs to you and any employer or even your own L1 employer can change your status to H1b by filing a COS along with a transfer.

[shervin143]

CAP number is nothing but the WAC number on the I-797B right?
>>> Right.

I have Original I-797B which when checked in USCIS site says approved.
>>> The information in the online case tracker is not always up-to-date. You cannot rely on that.

If there is no issue on whether its revoked or as it says valid date till 9/2011 I can go ahaed on this for any consultacy COS?
>>> Any U.S employer can file a COS.

[mahantesh]

info

Great answer and Big relief for me. Thanks again.

CAP number is nothing but the WAC number on the I-797B right?
>>> Right.

I have Original I-797B which when checked in USCIS site says approved.
>>> The information in the online case tracker is not always up-to-date. You cannot rely on that.

If there is no issue on whether its revoked or as it says valid date till 9/2011 I can go ahaed on this for any consultacy COS?
>>> Any U.S employer can file a COS.