H1B Work Permit Expired without stamping. URGENT - Please advise!

[vinayakdshenoy]

Dear Immihelp members,

I used to work for Company A who initiated my H1B VISA process but I unfortunately had to leave my job before the process could complete. I however did receive an I797B - Form for Notice of Action before I left Company A. Details:
Case Type: I129
WAC No.: WAC-10-219-xxxxx
Receipt Date: 16th August, 2010
Notice Date: 8th November, 2010
Notice Type: Approval for Class = H1B valid from 11th April, 2010 to 31st March, 2012

I now work at Company B and need to relocate to the US for a new role ASAP. Company B would like to initiate my H1B visa if possible. W.r.t. this, I have the following questions:
- Would they need to initiate a new Work Permit Request (I would think, "yes". Because the previous petitioner was Company A and that has expired. Now the petitioner is Company B)?
- Would I go through the lottery system again (This is something I don't know. I read up http://www.immihelp.com/forum/archiv.../t-108320.html which made me feel I would be exempt of H1B cap for FY2015)? I need to understand this quickly because this would be the basis on whether my company would process an H1B visa or an L1 visa.
- What is the total time (in case I am CAP exempt and in the alternate case that I am not) in both cases, for premium processing in the H1B visa process?

Thank you in advance to any member who takes the time out to responsibly guide me in this.

Sincerely,
Vinayak

[vinayakdshenoy]

Bumping this thread with a request for a reply....

Dear Immihelp members,

I used to work for Company A who initiated my H1B VISA process but I unfortunately had to leave my job before the process could complete. I however did receive an I797B - Form for Notice of Action before I left Company A. Details:
Case Type: I129
WAC No.: WAC-10-219-xxxxx
Receipt Date: 16th August, 2010
Notice Date: 8th November, 2010
Notice Type: Approval for Class = H1B valid from 11th April, 2010 to 31st March, 2012

I now work at Company B and need to relocate to the US for a new role ASAP. Company B would like to initiate my H1B visa if possible. W.r.t. this, I have the following questions:
- Would they need to initiate a new Work Permit Request (I would think, "yes". Because the previous petitioner was Company A and that has expired. Now the petitioner is Company B)?
- Would I go through the lottery system again (This is something I don't know. I read up http://www.immihelp.com/forum/archiv.../t-108320.html which made me feel I would be exempt of H1B cap for FY2015)? I need to understand this quickly because this would be the basis on whether my company would process an H1B visa or an L1 visa.
- What is the total time (in case I am CAP exempt and in the alternate case that I am not) in both cases, for premium processing in the H1B visa process?

Thank you in advance to any member who takes the time out to responsibly guide me in this.

Sincerely,
Vinayak

Please could someone assist?

[Nattybone]

Hello, Vinayak.

Please do seek information from your company's Immigration Attorney too. I am not an expert, but i would like to believe that as your I797 was approved, you are eligible for cap-exempt H1B. You need not wait till April next year, your present company could file a fresh I797 basis the older I797 and process your case.

Assuming you are cap-exempt, a H1B application filed under Priority Processing should take 3-4 weeks and then the visa interview (which would depend on the appointment). Around November middle-to-end is the earliest you could go to US assuming everything goes fine.

If you are NOT cap-exempt, then you need to wait till next April for filing and your application getting picked in the draw. Then October next year is when you could actually start working in US, not before.

I hope this helps.

Wishing you luck.

Cheers,

Dear Immihelp members,

I used to work for Company A who initiated my H1B VISA process but I unfortunately had to leave my job before the process could complete. I however did receive an I797B - Form for Notice of Action before I left Company A. Details:
Case Type: I129
WAC No.: WAC-10-219-xxxxx
Receipt Date: 16th August, 2010
Notice Date: 8th November, 2010
Notice Type: Approval for Class = H1B valid from 11th April, 2010 to 31st March, 2012

I now work at Company B and need to relocate to the US for a new role ASAP. Company B would like to initiate my H1B visa if possible. W.r.t. this, I have the following questions:
- Would they need to initiate a new Work Permit Request (I would think, "yes". Because the previous petitioner was Company A and that has expired. Now the petitioner is Company B)?
- Would I go through the lottery system again (This is something I don't know. I read up http://www.immihelp.com/forum/archiv.../t-108320.html which made me feel I would be exempt of H1B cap for FY2015)? I need to understand this quickly because this would be the basis on whether my company would process an H1B visa or an L1 visa.
- What is the total time (in case I am CAP exempt and in the alternate case that I am not) in both cases, for premium processing in the H1B visa process?

Thank you in advance to any member who takes the time out to responsibly guide me in this.

Sincerely,
Vinayak

[vinayakdshenoy]

Thanks!

Hi Nattybone!

Bless you mate! I can take this from here!

Warm regards,
Vinayak

- - - Updated - - -

Hi Nattybone,

Quick question as an afterthought:

Let's say that the I get an H1B Visa. Does the validity begin from the date of stamping or the date of issuance of the new I797B for another three years (with an option for a three year extension)?

[Nattybone]

Hello, Vinayak.

You have full 6 years. H1B is about usage, as you have not used any of your H1B period, you have full 6 years.

I hope this helps.

Cheers,

Hi Nattybone!

Bless you mate! I can take this from here!

Warm regards,
Vinayak

- - - Updated - - -

Hi Nattybone,

Quick question as an afterthought:

Let's say that the I get an H1B Visa. Does the validity begin from the date of stamping or the date of issuance of the new I797B for another three years (with an option for a three year extension)?

[vinayakdshenoy]

Close This Thread

Hi all, Nattybone,

Want to do my bit to help anyone with a similar question.

I received word from my Immigration Lawyer (that my company has retained) and they have approved to process my H1B VISA! So, in the above scenario, H1B is possible. We will be choosing the priority processing route. I shall be CAP exempt (so Nattybone was spot on!)

Cheers,
Vinayak