Unused approved H1B from new employer to current employer


Samik

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Hi,

 

I am working with Company A on L1B visa that got expired on Nov-29-2013. Also my I94 got expired on Nov-29-2013. Company A filed for L1B extension before the visa/I94 expiry. The L1B extension is still in RFE. My 240 days L1b extension process stay ends in July 2014.

 

Meanwhile Company B filed for a H1B visa with consular processing(no COS). And this H1B got approved in Dec 2013, it has no I94 attached as H1B was filed w/ consular processing.

 

1. Can Company A use approved H1B petition(filed with company B) to file a new visa with COS(change of status) for me while I am in US? Will that be cap exempt?

 

 

2. If not, can Company A use the approved H1B petition(filed with company B) to file a new H1B visa with consular processing for me while I am in US? Will that be cap exempt? In this case do I need to travel back to india for stamping as soon as company A's new petition gets approved? or can I stay in US for some time as my 240 days L1b extension process stay ends in July 2014 and then go back to india for the new H1B stamping?

 

 

 

Thank you.

 

Samik G

 

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Hi,
 
I am working with Company A on L1B visa that got expired on Nov-29-2013. Also my I94 got expired on Nov-29-2013. Company A filed for L1B extension before the visa/I94 expiry. The L1B extension is still in RFE. My 240 days L1b extension process stay ends in July 2014.
 
Meanwhile Company B filed for a H1B visa with consular processing(no COS). And this H1B got approved in Dec 2013, it has no I94 attached as H1B was filed w/ consular processing.
 
1. Can Company A use approved H1B petition(filed with company B) to file a new visa with COS(change of status) for me while I am in US? Will that be cap exempt?
 
 
2. If not, can Company A use the approved H1B petition(filed with company B) to file a new H1B visa with consular processing for me while I am in US? Will that be cap exempt? In this case do I need to travel back to india for stamping as soon as company A's new petition gets approved? or can I stay in US for some time as my 240 days L1b extension process stay ends in July 2014 and then go back to india for the new H1B stamping?
 
 
 
Thank you.
 
Samik G

 

You are cap exempt. Since your I94 has expired and L1B extension is pending an employer can file a cap exempt H1B petition in consular processing.

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Thank you very much jairichi.

 

If my current employer files a cap exempt H1B petition in consular processing while I am in US, and if it gets approved then can I go back to India in June 2014 and get the H1B stamped. Or do I have to go back to India as soon as the cap exempt H1B petition gets approved.

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Thank you very much jairichi.

 

If my current employer files a cap exempt H1B petition in consular processing while I am in US, and if it gets approved then can I go back to India in June 2014 and get the H1B stamped. Or do I have to go back to India as soon as the cap exempt H1B petition gets approved.

If it is approved as consular processing you can go anytime to get your H1B stamping to move to H1B status.

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Thanks jairichi.

 

One last clarification, so even if my current employer files a cap exempt H1B petition(using the approved,unstamped H1b petition from other employer) in consular processing while I am in US and if it gets approved, my status will still be L1B. Right? And I have to go back to India for H1B stamping before 240 days-L1B extension pending stay ends.

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Thanks jairichi.

 

One last clarification, so even if my current employer files a cap exempt H1B petition(using the approved,unstamped H1b petition from other employer) in consular processing while I am in US and if it gets approved, my status will still be L1B. Right? And I have to go back to India for H1B stamping before 240 days-L1B extension pending stay ends.

Yes, that is correct. Whenever you would like to be on H1B status you just exit and enter with a valid H1B visa and i797.

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  • 2 weeks later...

Hi,

 

Even though my I-94 is expired, can my current employer file a cap exempt H1B petition in consular processing based on the approved H1B petition? Will there be any problem as my L1B is still in extension waiting for RFE response.?

Yes, current employer can file a cap exempt H1B petition. Since your I94 has expired and L1B extension in process it would be considered as bridge petition.

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  • 4 weeks later...

Hi,

 

Now my current employer A is planning to file a cap-exempt H1B in next 2 weeks using the approved H1B petition of employer B. But now employer B has just revoked the same H1B petition. Will this affect the H1b cap-exempt filing that my company A would be doing? If not can my company still use the same H1B I-797B  document(which has now been revoked by employer B)

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Hi,

 

Now my current employer A is planning to file a cap-exempt H1B in next 2 weeks using the approved H1B petition of employer B. But now employer B has just revoked the same H1B petition. Will this affect the H1b cap-exempt filing that my company A would be doing? If not can my company still use the same H1B I-797B  document(which has now been revoked by employer B)

You are fine.

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