Valid L1 to Expired/cancelled H1 Transfer

[catchshailu]

Hi,
Need expert comments on my query...

I am currently in US through Employer A on L-1B visa which is valid till Dec 2012.

I was in US from Oct 2005 to May 2007 on H-1B from Employer B. H-1B Visa expired in June 2007. Before coming back to India in May 07, I had applied for the extension. But soon after coming back to India, I left employer B (in August 07). So I only have receipt for extension. I don't know if it was extended or rejected. Also the employer B might have also canceled my H-1B petition because they usually do it once the employee quits. But I have all the H1b documents before the extension. Here

1. Can I switch from L1 to H1 without COS using my old H1? At this point of time, I don't have any plans to switch, but thought I should know what all options I have if the need arises.
2. I have an understanding that my new employer has to file a new H1 petition under non-cap case. Is this correct?

Appreciate your replies!

[sk4ih]

1. When you're currently on L1, how can you switch using old H1?
If your old H1 is still valid, you have to apply for CoS from L1 to H1, and can only work on H1 after approval.

2. Yes, if your old H1 is still valid. Else a new H1 in April.

[catchshailu]

Valid L1 to Expired/canceled H1 Transfer

Thank you for your comments!

1. When I said "switch", I meant that if there is any way I can work for a new employer using my old H1. The answer to this is Yes as per the answer for Q#2. Using my old H1, a new employer has to file a new H1 petition under non-cap case.

I apologize if this has caused any confusion/inconvenience.

Thanks again!

[sk4ih]

If your old H1 is still valid, your new employer can transfer (which means non-cap case).
Else go for fresh H1 in April (and work from Oct).

[catchshailu]

Thanks again for your reply...
My h1b is expired/canceled. So are you really sure that the only option I have is to go for a new H1 this year?

I had asked this query to other forum and also to one consultant few months back...They said that my H1 still can be used to file a new H1 petition under non-cap case even though it is expired/canceled. Infact, when I was applying for L1, my current employer visa dept said that you can use your old H1 if you want. But since my manager wanted me to apply for L1, I went ahead with L1 so that my wife also can work.

Is there any change in immigration rules/laws recently?

Appreciate your patience!

[sk4ih]

If you've case number, you can check the status online.
If it's approved, it can be used to transfer to new employer (non-cap).

Even if it was canceled by employer, you can still use it if it's still within expiry date.

[msr333]

applying for new H1 in April

I am currently on L1 in US with Employer A , and If I apply for new H1 in April with a new employer B, do I have to leave the country to get the H1 Stamped.
Can I still work on L1 once H1 is approved.

[sk4ih]

If H1 is done with consular processing, you need to leave and enter US on H1 visa to work on H1. Until then you can continue on L1.

If it was done as CoS (change-of-status), you'll be auto-changed to H1 on Oct 1st. (no more L1)

[catchshailu]

Regarding my case,
I have checked online using my EAC no, it says

On August 15, 2007, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.

Is there anyway to know, for how much period it is extended? Is it valid for another 3 years? When I called USCIS, they did not have that information, but they were ready to send me the approval notice with the change of address. The previous address was my previous Employer's US address. I don't know if I am allowed to receive the approval notice directly without the knowledge of my previous employer. Also is the approval of notice required to apply for a new H1 noncap case? Is EAC no or receipt of extension application enough? I don't want to do anything illegal here.

If the extension is also expired, as per your comments, I have to go for a new H1. Hmmm.....