Unused 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

[raghvi]

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

Was the H1 applied as Change Of Status or as Consular process?

[vikramrajiv]

Was the H1 applied as Change Of Status or as Consular process?

Hi Raghvi, it was applied as change of status. My I 797 is valid till Sep 2015.

[raghvi]

Hi Raghvi, it was applied as change of status. My I 797 is valid till Sep 2015.

If it was applied as COS then from H1 start date you should have worked only with H1 employer. Any employment with L1 employer post COS to H1 approval with another employer was illegal unless you did a "leap frog".

Now, whether this illegal employment will affect the future re use of this H1 depends upon how deep they investigate.

If not, then yes any other employer can file a cap exempt H1 petition for you.

This is my opinion not legal advice.