L1 to H1

[dearsboa]

I got H1B approval at 2008 when I was here in US using L1B visa. Then I went back to India and stayed there more than one year and came here using my L1B on 2010. Actually, My H1B approved petition is with that company. I have the I-797C, Notice of Action soft-copy only.

1. Is that enough to transferring H1B petition to some other company and start working using H1B?
2. What would be the best solution to start using H1B?
3. How long I can wait to make use this petition?
4. In VISA status check, it says Initial Review, was that mean approved petition?

Please help me on this.

[shervin143]

1. Is that enough to transferring H1B petition to some other company and start working using H1B?
>>> Yes.

2. What would be the best solution to start using H1B?
>>> Your H1B sponsor can use the CAP from the old petition to file a transfer. Once it gets approved, you can start working for the H1B employer.

3. How long I can wait to make use this petition?
>>> If you are not employed with the employer who filed that petition, then that petition if of no use. However, another new H1B petition on the existing CAP can be filed any time (assuming you haven't spend 6 years in that CAP - H1B + L1 combined).

4. In VISA status check, it says Initial Review, was that mean approved petition?
>>> The case status web site is never up-to-date all the time. Probably the employer send a notification to revoke that H1B petition and it still shows "Initial review" or it could also be when the employer initially filed the petition. Even after receiving the approavl, the case tracking sometimes still shows "Initial Review". You cannot go by that.