Need directions reg my L1B to H1B transfer.

[sundeep.kishan]

Hi,

After a deatiled search got to know of this forum. Hoping for some expert advice reg my L1B to H1B visa transfer.

 

So here is my case.

 

Back in October 2012, I got my H1B petition (I-797B) approved which is valid from 10/06/2012 through 10/05/2015. Company XYZ was my petitioner. But I was then working for company ABC which I am stil continuing with.

 

I appeared for Visa interview at Hyderabad in March 2013 and for some reason the interviewer felt my case wasnt convincing and put it in administrative procesing. It eventually got rejected in April. I recieved the refusal worksheet via email and it clearly stated that the case was rejected under section 221(g). So I had to drop my plans of joining company XYZ and continued with ABC.

 

In Jan 2014, ABC applied for my L1B blanket visa. I appeared for the interview and got the stamping done in Feb. My L1B visa is valid till Feb 2017. I am now in US working under the payroll of ABC's american subsidiary.

 

All this while ABC isn't aware of my job trails and the H1B rejection.

So now my question is,

1) Can I now approach XYZ to transfer my visa from L1B to H1B with the help of the approved petition which is still valid till 10/05/2015?

 

2) Or can I get the approved H1B petition transfered to another company and appear for stamping again?

 

My whole intetntion is to move to H1B from L1B! But dont know where to start and the status of my candidature.

 

Thanks in advance,

[jairichi]

1. Yes.

2. Any employer can file a cap exempt H1B petition along with COS and you can start working for employer after approval.

[sundeep.kishan]

Thanks Jairichi for the quick reply.

 

I just checked the H1B case status in USCIS website and it says 'Revokation notice sent' on Sep 11th 2014. I havent recieved anything yet. I now requested for another copy of this.

So does this revocation mean anything? Is my Petition from XYZ still valid?

[jairichi]

Thanks Jairichi for the quick reply.

 

I just checked the H1B case status in USCIS website and it says 'Revokation notice sent' on Sep 11th 2014. I havent recieved anything yet. I now requested for another copy of this.

So does this revocation mean anything? Is my Petition from XYZ still valid?

By law employer has to revoke H1B petition if you do not join them. However this will not have any effect on your future H1B petitions.