H1B query

[syspine]

Hi,

I am working for company A on L1B status. Company B filed for H1B in April 2009 and got approval notice in August 2009. I am still working for company A on L1B. Company B dont have the job but want me to be on their parole and search for the job. They are not ready to pay on bench.

Company B called me to say that they cannot keep the approved petition forever and may have to revoke.

My current project is coming to an end and I have to travel back to India. I am planning to be in India for atleast an year.

1. In case company B revokes my petition:
Can I re-enter US through company C?

2. Is it possible for the company C to use the same EAC number of H1B?

3. How long H1B petition will be valid if not used?

4. Is it possible for any other company to use same H1B petition approval copy (if company B revokes the petition) for L1 to H1 transfer?

Thanks in advance.

[shervin143]

Answers below.

Hi,

I am working for company A on L1B status. Company B filed for H1B in April 2009 and got approval notice in August 2009. I am still working for company A on L1B. Company B dont have the job but want me to be on their parole and search for the job. They are not ready to pay on bench.

>>> Was your H1B a COS from L1B? If yes, then you are out of status on H1B and your employment past Oct 1st with the L1B employer is illegal unless you have already changed your status back to L1B.

Company B called me to say that they cannot keep the approved petition forever and may have to revoke.

My current project is coming to an end and I have to travel back to India. I am planning to be in India for atleast an year.

1. In case company B revokes my petition:
Can I re-enter US through company C?
>>> If the transfer to Company C gets approved and if you get the H1B visa stamped, then YES.

2. Is it possible for the company C to use the same EAC number of H1B?
>>> They need to file a transfer and get it approved. You need to give them a copy of your H1B approval notice (Or atleast the receipt number) to prove that you are already CAP counted.

3. How long H1B petition will be valid if not used?
>>> Till the expiry date on the petition if it is not already revoked.

4. Is it possible for any other company to use same H1B petition approval copy (if company B revokes the petition) for L1 to H1 transfer?
>>> You cannot use one company's petition to work for another. The new company need to file a transfer and get it approved.

Thanks in advance.

[syspine]

h1b query

Thanks a lot shervin143.

It was not COS and I am in L1b staus now.
I have approval notice and receipt number. Approval is till 2012.
If employer revokes the petition this year, can some other company use same receipt number for the transfer since I am already cap counted?

I may be asking same questions again.

[shervin143]

Yes.

If employer revokes the petition this year, can some other company use same receipt number for the transfer since I am already cap counted?