Approved H1 Petition

[lalitjain2002]

My friend is currently on L1B visa, he is planning to switch a job and has recently got an offer. At this point the new H1B visas numbers are not available hence we thought if we can use his old H1B petition which was applied in 2008 and is currently in approved status. We have few concerns and are looking for help from this forum

1. Can he use his approved H1B petition from 2008, as his application is already pulled in quota and is approved, he wont need to wait for 2012 H1B visa numbers.

2. He just has EAC number for the H1B petition, he does not have the actual petition or a copy because the employer never gave him a copy of petition. Can EAC number alone me used to transfer the H1 from one employer to another.

3. He has not worked with employer who applied for his H1B petition in 2008 and hence does not have any paystub from that employer.

I have seen a couple of case where similar thing has worked but am not sure of the actual process, any details on the same would be very helpful.

Thanks in advance
Lalit

[anna1234]

I am in the same boat so am answering this question.

1. yes he can, since he is already counted once in the past
2. As per the senior members previous post, EAC is good enough, I was having a copy so I gave that.
3. no issue, but provide sal slip from l1 employer to show he maintaince status for a L1 to H1 COS.

As per my new companys faq, a person counted once in the past will not come again for the next 6 yrs, but they have mentioned getting thru "may" be questionable .. there are chances that the employer cancelled or revoked the petition .. am not sure more on this .. but i am sure he can apply and he will not come in quota if his petition is not revoked etc !