L2 to H1 - Someone please help!!!! Urgent

[h1bquery]

I had a job offer from another firm last year and they had applied for an H1B in the Master’s Quota for me last year.

I had the H1B approved but the firm did a mistake by filing it in my maiden name although my current active name is my Married name. I only agreed to accept their offer if they amended the petition which they have not done till now.

I am on an L2 work permit (ends Aug 2008) and working for a huge MNC now. They are processing my H1B this year. They are aware of this whole situation.

I am in possession of a copy of the I-797 Notice of Action and the Receipt Number for my previous petition but I do not have the original petition.

a) Can this petition be used to be exempt from the H1B Masters Cap?
b) Should I still apply for a new H1 this year?
c) If I am exempt from the cap, would the October 1st timeline apply to me or could I just apply for a COS from L2 to H1 once my petition is approved and continue working for the firm?

I would really appreciate some replies on this.

[GreatGuru]

if you changed your L2 to H1 previously, and it is a change of status from L2then you are no more in L2 status and you are in H1 status.

Being in H1 status not working for H1 sponser nullify your H1 status too unless you chanage once again from h1 to L2.

Post your status clearly.

I had a job offer from another firm last year and they had applied for an H1B in the Master’s Quota for me last year.

I had the H1B approved but the firm did a mistake by filing it in my maiden name although my current active name is my Married name. I only agreed to accept their offer if they amended the petition which they have not done till now.

I am on an L2 work permit (ends Aug 2008) and working for a huge MNC now. They are processing my H1B this year. They are aware of this whole situation.

I am in possession of a copy of the I-797 Notice of Action and the Receipt Number for my previous petition but I do not have the original petition.

a) Can this petition be used to be exempt from the H1B Masters Cap?
b) Should I still apply for a new H1 this year?
c) If I am exempt from the cap, would the October 1st timeline apply to me or could I just apply for a COS from L2 to H1 once my petition is approved and continue working for the firm?

I would really appreciate some replies on this.

[h1bquery]

I am confused too by your reply (Thanks for the reply)

Hi,

Last year I had an approved H1B petition from company X. I never joined the firm 'coz my name was wrong on the petition and I never was on H1 status on that petition (Never applied for H1B visa either). I was in India the whole time.

This year I am working with an L2 visa with Company Y who is sponsoring my H1B (new petition in Master's Cap) this year.

Can Company Y use my previous year's petition (from company X) to make me exempt from the H1B cap as I did receive an approval number?

I have never been on H1 status so the question of being out of status does not arise either.

[GreatGuru]

yes you can give old h1 reference to get new h1, but no need to wait for any date you can start applying any time.

Hi,

Last year I had an approved H1B petition from company X. I never joined the firm 'coz my name was wrong on the petition and I never was on H1 status on that petition (Never applied for H1B visa either). I was in India the whole time. "](This you did not mention in your post)

This year I am working with an L2 visa with Company Y who is sponsoring my H1B (new petition in Master's Cap) this year.

Can Company Y use my previous year's petition (from company X) to make me exempt from the H1B cap as I did receive an approval number?

I have never been on H1 status so the question of being out of status does not arise either.