H1 - L1 - same or new H1

[wannabe]

Hi,

I got my H1b stamped in 2008 valid till Sep 2011. I didn’t get to travel on the H1b visa.
Then, I got L1B stamped from my current employer and traveled to US and worked there for one year.
My stamping for H1b got canceled without prejudice due to the L1b stamping.
I left USA in July 2010 and came back to my home country.

Now I want to travel on the H1b which expires in Sept 2011 (as of now) but will have to get the stamping done for it again.

My questions are:
1. Can I get the stamping done for this H1b?
2. Is there a possible risk involved in getting the stamping done again as I did not use the H1B for last 2 years. Would my stamping get rejected or would I be restricted from applying a fresh H1B again for another few years?
3. Can I apply for a fresh H1B now for 2010? Are the application still open?
4. Would it be better to apply for fresh H1B visa than trying to get stamping done for my existing H1B?

Please Help…

[Subramanya]

I got my H1b stamped in 2008 valid till Sep 2011. I didn’t get to travel on the H1b visa.
Then, I got L1B stamped from my current employer and traveled to US and worked there for one year.
My stamping for H1b got canceled without prejudice due to the L1b stamping.
I left USA in July 2010 and came back to my home country.

Now I want to travel on the H1b which expires in Sept 2011 (as of now) but will have to get the stamping done for it again.

My questions are:
1. Can I get the stamping done for this H1b?

---- YES
2. Is there a possible risk involved in getting the stamping done again as I did not use the H1B for last 2 years. Would my stamping get rejected or would I be restricted from applying a fresh H1B again for another few years?

---- NO

3. Can I apply for a fresh H1B now for 2010? Are the application still open?

---- Yes, you can apply for transfer of your H1 with a new company or extend the H1 with the present company

4. Would it be better to apply for fresh H1B visa than trying to get stamping done for my existing H1B?

---- It does not matter as with either H1 you have to go for visa stamping

Subramanya

[wannabe]

Thanks for responding. I just have a few more questions.

You said I could get my H1b transfered.
I read that to get transfer, one needs to provide 3 pay slips from previous employer. But as i said, I havent traveled to US on the H1B and so dont have any pay slips from them.
Also, I read that it is possible to get transfer done without the pay slips but its risky and the visa might get rejected. Is that true?

Cant I apply for a fresh H1b with a new employer, as the applications havent reached the cap limit and not disclose that I have a valid H1B petition with me?

Thanks.

[Subramanya]

Thanks for responding. I just have a few more questions.

You said I could get my H1b transfered.
I read that to get transfer, one needs to provide 3 pay slips from previous employer. But as i said, I havent traveled to US on the H1B and so dont have any pay slips from them.

---- If you have not worked for any employer in the US, then you will not have any payslips. It beomes obvious that you will transfer your H1 irrespective of the pay slips

Also, I read that it is possible to get transfer done without the pay slips but its risky and the visa might get rejected. Is that true?

---- Do not make contradictory assumptions. There is no risk over here as you are applying for a H1 transfer without payslips and that's it. H1 visa is a different issue from H1 transfer

Cant I apply for a fresh H1b with a new employer, as the applications havent reached the cap limit and not disclose that I have a valid H1B petition with me?

---- You can apply for a fresh H1 from a new employer if there is an employer who can sponsor you for a H1. The quota is still open. It will be open till USCIS announces its closure by means of a press release

Subramanya

[wannabe]

Thank you.