Unused and unexpired H1B visa

[VIKRAMRAJIV]

Dear all,

 

I am writing here to seek your suggestions regarding this. Here is the need i have.

 

While i was in US on L1B with an employer, I had applied for H1B visa (not sponsored by my then employer) and got approved petition in 2012. However, i did not switch to H1B and continued to work with my then employer on L1B until March 2013. In March 2013, i had to return to India due to some personal issues.

 

I am in India since then. My question is that whether i can utilize my existing approved H1B petition and return to USA if i get an employer to sponsor me. Do you expect any problem when i go for stamping?

 

Note - My L1B visa has long expired and i have changed my employer too. So i do not have an option to use my L1B.

 

Thanks

[t75]

I hope you did not work on L1B when you should have been on H1B status with that employer.

 

No one can guarantee that you will receive a stamping although you are eligible to apply.

[jairichi]

Dear all,

 

I am writing here to seek your suggestions regarding this. Here is the need i have.

 

While i was in US on L1B with an employer, I had applied for H1B visa (not sponsored by my then employer) and got approved petition in 2012. However, i did not switch to H1B and continued to work with my then employer on L1B until March 2013. In March 2013, i had to return to India due to some personal issues.

 

I am in India since then. My question is that whether i can utilize my existing approved H1B petition and return to USA if i get an employer to sponsor me. Do you expect any problem when i go for stamping?

 

Note - My L1B visa has long expired and i have changed my employer too. So i do not have an option to use my L1B.

 

Thanks

An employer can file a cap exempt H1B petition and on approval with a valid H1B visa and I797 you can enter US.

[sammy8211]

Dear all,

 

I am writing here to seek your suggestions regarding this. Here is the need i have.

 

While i was in US on L1B with an employer, I had applied for H1B visa (not sponsored by my then employer) and got approved petition in 2012. However, i did not switch to H1B and continued to work with my then employer on L1B until March 2013. In March 2013, i had to return to India due to some personal issues.

 

I am in India since then. My question is that whether i can utilize my existing approved H1B petition and return to USA if i get an employer to sponsor me. Do you expect any problem when i go for stamping?

 

Note - My L1B visa has long expired and i have changed my employer too. So i do not have an option to use my L1B.

 

Thanks

Hello,

 

Yes, you can transfer to a new employer if your I797 is still valid.

 

Thanks.

[VIKRAMRAJIV]

Thanks folks, I have I-797 active. It will expire in Sep 2015 

[jairichi]

Thanks folks, I have I-797 active. It will expire in Sep 2015 

You need to check t75 question and give an answer.