L1B to H1B conversion

[srinivasimmi]

Now I am in L1B status through XYZ company in USA. I would like to move from L1B to H1B status to work for other companies in USA for perminant based job.
Will it be possible to work right away or have to wait until October'11.

If I need to wait until October'11 then one more clarification required.
I have H1B prior to L1B. I have got stampped by 2008 quota. I didn't travel to USA when I was in H1B status. Due to recision I didn't get any job at that time and finally I have initiated L1B visa through XYZ indian based company. When I got stampped L1B at that time they cancelled H1B in my passport.

Still the H1B petition is alive? If Yes, what is the process for re-initiative old H1B petition.

[shervin143]

The old H1B petition might or might not be active depending on whether the employer revoked it or not. That petition can be used only to work for that specific employer who sponsored it. However, you can still use the CAP from that old petition. Each H1B CAP is valid for 6 years and it includes the time spend in both H1B + L1. Since you are already CAP counted, you can request your new H1B sponsor to file a petition using the old CAP (give them a copy of the previous H1B approval notice) and ask them to request an immediate start date. If the petition is filed using the old CAP, then you need not wait until Oct 1st to start working. You cannot work for the H1B employer until the COS from L1 to H1B gets approved (The H1B approval should come with a new I-94). Once the H1B petition gets approved, you have to immediately join the H1B sponsor as of the H1B effective date. Any employment with the L1 employer after the H1B effective date is considered illegal employment.

[srinivasimmi]

L1B to H1B conversion

Thank you for your quick response. This is really helpful for me.
Is there any website I will check for my old H1B petition might active?

If it is not active then can I ask new employer to use old petition?

If they are filling through old cap when should I get COS for H1B. Please let me know is there any timelines to get the approval?

I apreciate all your help!

[shervin143]

Why do you want to know whether the old petition is still active or not? What exactly are you planning to do with it? That information is totally useless to you. The only way that information will be useful is if you are planning to go back to work for that old H1B sponsor. For that you need to leave the country and return back on a valid H1B visa (Which you don't have) and show the old valid H1B petition at the POE. Unless you are planning to do that, it is completely useless to try and figure out of that petition is currently active or not.

Basically a petition filed by one employer cannot be used to work for another employer. Each employer will need to file a new petition and USCIS will need to approve it for you to work for that employer. Your only benefit here is to use the CAP from the old petition and start working immediately after the approval instead of waiting until Oct 1st.

Approval by normal process will take anywhere between 2-4 months. There is a premium process that will get you the result within 15 days for an additional $1250.

Thank you for your quick response. This is really helpful for me.
Is there any website I will check for my old H1B petition might active?

If it is not active then can I ask new employer to use old petition?

If they are filling through old cap when should I get COS for H1B. Please let me know is there any timelines to get the approval?

I apreciate all your help!

[srinivasimmi]

L1B to H1B conversion

Thank you for the updates. I am not looking for any active. Just for clarification I asked the question.

Now I am in L1B status through XYZ company in USA. I would like to move from L1B to H1B status to work for other companies in USA for perminant based job.

I have H1B prior to L1B. I have got stampped by 2008 quota and I got the VISA until Sep'10. I didn't travel to USA when I was in H1B status. Due to recision I didn't get any job at that time and finally I have initiated L1B visa through XYZ indian based company. When I got stampped L1B at that time they cancelled H1B in my passport.

Still the H1B petition is alive? If Yes, what is the process for re-initiative old H1B petition.

Will it be possible to work right away or have to wait until October'11?

[shervin143]

In order to work in H1B status, your status should change from L1 to H1B for which an employer need to file a H1B petition as a COS from L1 to H1B. Since you are already CAP counted, you need not wait until Oct 1st (Provided the new petition is filed under the old CAP). However, you cannot work until the COS gets approved.

If you want to use the old H1B petition to work for the employer who sponsored that petition (You can use that petition to work only for that employer and that employer should still have that job available for you to work) then leave the country and return back in H1B visa and show that petition (and other work related documents from that employer) at the port of entry.

You keep asking the same question again and again. Your question is clearly answered in the previous replies. Try to read them again and understand. If you have more doubts, consult an immigration attorney.

Thank you for the updates. I am not looking for any active. Just for clarification I asked the question.

Now I am in L1B status through XYZ company in USA. I would like to move from L1B to H1B status to work for other companies in USA for perminant based job.

I have H1B prior to L1B. I have got stampped by 2008 quota and I got the VISA until Sep'10. I didn't travel to USA when I was in H1B status. Due to recision I didn't get any job at that time and finally I have initiated L1B visa through XYZ indian based company. When I got stampped L1B at that time they cancelled H1B in my passport.

Still the H1B petition is alive? If Yes, what is the process for re-initiative old H1B petition.

Will it be possible to work right away or have to wait until October'11?