Urgent - Help on H1B COS Currently in OPT EAD

USA H1B Visa
1

Hello Friends,

Thanks for all your help in this forum.

I have an approved H1B petition from 2008 -2011 but I never used it. Below is the timeline,

a) H1B- I797B - (Petition Approved, Never used. Expired.)(Oct 2008 to Sep 2011)-CompanyABC,

b) L1B-(Visa stamped & worked in US for 3 years) (Aug 2010 to June 2013)-CompanyABC,

c) F1 Student-(Stamped and Graduated from MBA) (July 2013 to Dec 2014)

d) Currently in OPT EAD-(Approved and Valid till Dec 2015). Working for CompanyXYZ

Below are the questions,

  1.  Can CompanyXYZ use my expired H1B – (I797B - petition without I-94) and file the extension (Change of Status H1 cap exempt) immediately under premium processing? This will help me get the decision on H1 extension/COS by March 1st week. Depend on the result, I can file a fresh H1B in April 2015.

  2.  If Change of Status for H1B is approved, Will my H1B visa become effective immediately?

  3.   If Change of Status for H1B is approved, Should I travel out of US and get H1 stamped as I received I797B in 2008?

  4.   If H1B COS or stamping is denied, can I continue working in OPT and file for fresh H1 in April 2015?

  5.  If COS request is still under processing with USCIS, can I file for new H1 in April? Will I be considering under cap-gap or cap exempt?

Thanks again

2

Fundamental idea: H1 is employer owned, not employee owened. Employee is the benefeitary only.

Having said that, answers to your questions 1,2,3 is YES. for 4: if your COS is denied, you can continue on OPT. But if your COS is approved and you didnt get stamped(outside of US), you cant even enter into US(so, no need for a comment of working in US). But you can file for a fresh H1(under CAP) from outside US.

For your question 5: Another employer can file(no the employer who has already filed your COS) for a Quota fresh H1 in April

My opinion: Youe COS would get through in premium. go for it.