H1b, L1b, H1b

[antr]

Hi,

I had H1B from company A and traveled to US using that. Then I went back to India and joined another company B. My H1b was valid till Oct, 2008 and my new company B did not transfer the H1B. Later I came to US from company B on L1B and currently in US with that L1. While L1 stamping at the consulate, they cancelled my old H1B with "cancelled without prejudice".

My question is - can I somehow reuse my old H1B in US? for example, can my current company B utilize the H1 while I am in USA or can I join back to my old company A (or any other company) using that H1? If yes, what are the steps?

Please advise.

Thanks a lot in advance!

[ngc1663]

H1 transfer can only happen when you are in US and should happen before you join another company. Since you shifted to company B when in India, there is no way company B could have transferred your H1.

Anyway, now your H1 is invalid whether company A or B.

[sk4ih]

Yes, you can use that H1.
Ask your new employer to file for H1 using that receipt number.

[antr]

Thanks a lot for your response! could you please advise a few more things?

1. My current L1 is expiring early next year. So can my current employer use this old H1?
2. Will I be considered under 65K cap?
3. Can it be done any time of the year or it will be effective only from Oct like new H1.

Thanks again!

[antr]

can anyone help/suggest, please?

[antr]

can anyone plssssssssssssss help?

[kabkaba]

Your new employer (or any employer for that matter), can file a cap-exempt petition for you any time as long as total time spent in the US in H1+L1 is less than 6 years.

[antr]

Thanks a lot!!!