How do I utilize my current approved H1 visa without getting approval notice from my employer?

USA H1B Visa
1

Dear All,

I was in US for almost 5 years on a L1B Visa, and last year (2014) I applied for H1 from different employer which is approved now.

My L1 was expired on October 26th 2014

Returned from USA on October 24th 2014 with my L1 company visa

Total duration of my L1 visa was 4 years and 9 months which is totally utilized

My H1 approved on October 7th 2014 with different employer

As per my new employer my H1B expiration date is January 28th 2016

I don’t have a copy of my H1B approval notice, it is still with new employer and he is not showing any positive response

Let me know what all options I have to use my H1 and return back to USA.

Also can you answer my below queries

How can I get duplicate copy of my approved H1 petition?

Can my current indian company will transfer my H1? (Is it Legal?)

When is the best time for go for stamping to utilize maximum period of US stay on my H1?

Thanks,

2

there is a difference between visa stamp and I-797 approval… I think your
I797 is approved but stamping is not done…

Jordan

3

Thank you Jordan for your response.
Yes. My I797 is approved but notice is still with my employer and stamping is not yet done.
My L1 was expired on October 26th 2014
• Returned from USA on October 24th 2014 with my L1 company visa
• Total duration of my L1 visa was 4 years and 9 months which is totally utilized
• My H1 approved on October 7th 2014 with different employer
• As per my new employer my H1B expiration date is January 28th 2016
• I don’t have a copy of my H1B approval notice, it is still with new employer and he is not showing any positive response

Let me know what all options I have to use my H1 and return back to USA.

Also can you answer my below queries
• How can I get duplicate copy of my approved H1 petition?
• Can my current indian company will transfer my H1? (Is it Legal?)
• When is the best time for go for stamping to utilize maximum period of US stay on my H1?

4

How can I get duplicate copy of my approved H1 petition?

H1 B petition is NOT YOURS, its your employer’s. In other words, you never OWN the H1 approval. You are just the benefitiery of the petition. So, you get no legal way of asking for a copy from the Goverment etc. Its fully your employer’s decision to use it in any way.

Can my current indian company will transfer my H1? (Is it Legal?)

Do you mean by the company who is owing your H1? They cant use it for any other benefetiary. Either they can use it for you or trash it.

When is the best time for go for stamping to utilize maximum period of US stay on my H1?

You need your approved petition copy to go for stamping. Also, regardless of when you get the stamping, you can stay on H1 status for full 6 years(continuous or with breaks of stay)