Unused approved H1B from new employer to current employer

USA H1B Visa
1

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 [b]COS(change of status) for me while I am in US[/b]? Will that be cap exempt?

	 

	 

	2. If not, can Company A use the approved H1B petition(filed with company B) [b]to file a new H1B visa with consular processing for me while I am in US[/b]? 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
2

  1. Yes, It can be done and its cap-exempt

  2. This is also possible and Cap-Exempt. Its ur wish to travel any time and get stamped

3

Thanks RaNa.

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 while I am in US? Will there be any problem as my L1B is still in extension waiting for RFE response.?

4

Its irrespective of i-94, however u must not be out of status if in US for Cap-Exemption… L1B RFE doesn’t affect this unless the RFE is about U…

5

RaNa,

Here is the thing, my L1B and I-94 both are expired but my L1B extension has been filed and in pending state as it has got an RFE. My 240 days of valid L1b extension /pending process stay ends in July 2014

Does this affect anything if my current employer files H1B in cap exempt - consular processing using the new company’s approved H1B petition now in premium processing?

6

NO… U are in status… So, not a problem…
One advice, why don’t you upgrade to premium processing so that ur RFE is responded in 15 calender days

7

Thanks RaNa. I will surely opt for a premium processing.

8

Hi RaNa,

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)