H1B - Transfer of Inactive H1B

[Vatsy]

Hi,

I was in US from Oct 2008 to May 2009 ( 8 months) on an H1B visa . that visa has en expiry of of Sept 2010.

I went to India post that , and came back to US in Mar '13 on L1B from the same organisation.

Some queries :

1. Can the existing H1 be made active ? If yes, would the available time on be around 4.4 years?

2. In case the H1 is made active, the existing L1 would not be valid causing direct notification to the existing organisation of the change of status . Is there a way the existing H1 be transfered to some other organisation ( without making it active) and later made active?

[0407]

1. Yes, you can get H1B for duration = six years - time already spent on H1B.

2. NO. H1B and L1B are independent petitions. Your current L1B employer

will not be notified of H1B. However, if H1B is approved with COS, ie new I-94,

then you need to either join H1B employer ASAP or to be able to continue

working with L1B employer in legal status, after H1B approval you need to

exit the country and enter with L1 I-94.

[pontevecchio]

If an employer files your H1 petition with COS you will get a total of 4 plus years and once approved you can join the new employer.

[Vatsy]

One more question - do we need to provide 2 pay slips as well when we go for the trnasfer of the H1B?

Since I am on L1, so can these present payslips be used for the transfer?

[0407]

Paylsips is to prove that you are maintaining your current status which is L1.

[m123k]

I have few questions regarding my inactive H1B and would be deeply grateful if someone can kindly clarify my doubts.

 

1. I got H1B in 2008. I worked until end of 2009 (my job duration ended) in US and then came back to India after that.

2. Now if I want to work in US again, do I need to apply for a new H1B or my old H1B is still valid?

3. If my old H1B is still valid, can you please tell me the duration and also if there any special terms and conditions to make it active.

[t75]

New petitions on your existing H1B selection would grant you the remainder of 6 years minus the time already in the US unless you go through the quota which you can do since you have been outside the US for a year; if selected you would get the 6 years max.

 

All you need to do is find an employer to file a new petition for you based on your old approval. That is the only way you can return to the US on H1B.