H1 visa rejected first, on L1 now, want to be in H1 status

[guru_simpa]

Hi,

A few questions. Thankx in advance.

One company A applied for my H1 petition in year 2006 and it was approved. I went for the visa interview for through this petition and somehow the visa was rejected. The petition says it is valid till 2008.

Another company B applied for a L1 blank petition and I got L1 visa through this company. I am currently in US working on this visa and this visa and L1 status expires on 2009.

I want to leave company B and want to apply for H1 status through some other company C.

My questions are :

a) Is the H1 petition I filed with company A still valid after I get the L1 petition and visa?

b) If it is valid, will I be able to transfer the H1 petition, which is valid till 2008, to some other company C and work in this company. What is the procedure?

c) If this petition is valid, will I need visa stamping for H1? If yes, do I have to go to India (as I am from India) for the visa stamping or will it be ok if I go for mexico or canada.

d) If the H1 petition from company A is not valid, do I have to file the H1 petition again or can I transfer the L1 petition to H1.

[Subramanya]

H1 issues

[QUOTE=guru_simpa]Hi,

A few questions. Thankx in advance.

One company A applied for my H1 petition in year 2006 and it was approved. I went for the visa interview for through this petition and somehow the visa was rejected. The petition says it is valid till 2008.

Another company B applied for a L1 blank petition and I got L1 visa through this company. I am currently in US working on this visa and this visa and L1 status expires on 2009.

I want to leave company B and want to apply for H1 status through some other company C.

My questions are :

a) Is the H1 petition I filed with company A still valid after I get the L1 petition and visa?

---- What are the terms of rejection of the H1 Visa from company A. It may be valid only if you have a valid Visa to stay and work in US

b) If it is valid, will I be able to transfer the H1 petition, which is valid till 2008, to some other company C and work in this company. What is the procedure?

---- Read above

c) If this petition is valid, will I need visa stamping for H1? If yes, do I have to go to India (as I am from India) for the visa stamping or will it be ok if I go for mexico or canada.

---- Even if you go to Mexico/Canada you may be directed to go to Indai as the US Consulate in India has handled the matter earlier. Alternately,you may a get a 221g as tehy have to verify all your credentials and application details

d) If the H1 petition from company A is not valid, do I have to file the H1 petition again or can I transfer the L1 petition to H1.

---- Yes, you can transfer from L1 to H1 provided you find an employer to sponsor your H1

---- However, if you prove all the above to be wrong and get a Visa issued from Mexico/Canada on the H1 from your employer A then that is your victory and one more feather in your cap.

Subramanya

[boldm28]

L1 to H4

ok