L2 to H1B (H1-B Cap) extension process

[rockarthik]

This my history:
Currently I am in India and never travelled to US.
My H1B expired on Aug 31st 2012
H1B extension applied on August 15th 2012 - Still status is in-progress from UCSIS
Got my L2 approved on November 1st 2012. Where my old h1B visa paper in passport is sealed.

Here are my questions:

1) Will my H1B -extension petition applied by employer is still valid?

2) Currently I quit my employer and I am coming to US through L2. If my petition gets approved, how to know the status? Petition number is not shared with me.

3) If I get my H1B extension approved while I am in US L2, can I work in H1B?

4) After getting EAD for my L2 and if new employer wants file fresh h1b petition, Am I eligible for h1B extension? If yes, how long it will take to get my h1B extension approved? What are the consequences of this?

5)In my L2 interview, my expired H1B visa page is sealed in passport. What does really mean? Did I loose my H1B status and come under quota again?

[rockarthik]

Please help

This my history:
Currently I am in India and never travelled to US.
My H1B expired on Aug 31st 2012
H1B extension applied on August 15th 2012 - Still status is in-progress from UCSIS
Got my L2 approved on November 1st 2012. Where my old h1B visa paper in passport is sealed.

Here are my questions:

1) Will my H1B -extension petition applied by employer is still valid?

2) Currently I quit my employer and I am coming to US through L2. If my petition gets approved, how to know the status? Petition number is not shared with me.

3) If I get my H1B extension approved while I am in US L2, can I work in H1B?

4) After getting EAD for my L2 and if new employer wants file fresh h1b petition, Am I eligible for h1B extension? If yes, how long it will take to get my h1B extension approved? What are the consequences of this?

5)In my L2 interview, my expired H1B visa page is sealed in passport. What does really mean? Did I loose my H1B status and come under quota again?

[kabkaba]

This my history:
Currently I am in India and never travelled to US.
My H1B expired on Aug 31st 2012
H1B extension applied on August 15th 2012 - Still status is in-progress from UCSIS
Got my L2 approved on November 1st 2012. Where my old h1B visa paper in passport is sealed.

Here are my questions:

1) Will my H1B -extension petition applied by employer is still valid? -- Yes but your employer will withdraw it since you are leaving them. You will still qualify as cap-exempt See below.

2) Currently I quit my employer and I am coming to US through L2. If my petition gets approved, how to know the status? Petition number is not shared with me.
-- You will need the receipt number. You would qualify for cap-exempt petition by another employer, but for that you will need the receipt number. But even if you have receipt number for the previous petition, you can use that.

3) If I get my H1B extension approved while I am in US L2, can I work in H1B?
-- No, you will need to change status to H1. H1 is tied to the sponsor, you cannot just work for any employer. You can work using the L2 based EAD after you get it though.

4) After getting EAD for my L2 and if new employer wants file fresh h1b petition, Am I eligible for h1B extension? If yes, how long it will take to get my h1B extension approved? What are the consequences of this? -- New employer will need to file a 'transfer' or cap-exempt petition for you.

5)In my L2 interview, my expired H1B visa page is sealed in passport. What does really mean? Did I loose my H1B status and come under quota again?
-- No, it means nothing. That Visa must have been expired any way.

See above.

[Mahbenton]

L2 to H1B ( H1B Recapture)

Hi,

I applied for H1B via consultant in 2008 and my petition got approved, however I did not for stamping and the petition got expired in Sept 2011. Meantime I came to US on L2 in June 2011 and Since I was not aware of H1 re-capture , applied for EAD which got approved in Sept 2011 and valid till Sep 2013. I started to work from March 2012 to till date. I have few questions here

1. Can I re-capture my expired H1B and how long it will be valid ?
2. What are the required documents for H1-B recapture ?
3. Do I need to notify the consultant who processed my initial H1 and get any NOC for re-capture ?
3. Can I work using EAD till I get the H1-B recapture approved and I assume this will not be part of H1 Cap for 2014 ?
4. How much it will cost for re-capture ?
5. I have requested my current employer to process new H1, is this advisable and do I get any extra benefit than re-capturing ?

Thanks in advance

Regards,
Mahe

[kabkaba]

Hi,

I applied for H1B via consultant in 2008 and my petition got approved, however I did not for stamping and the petition got expired in Sept 2011. Meantime I came to US on L2 in June 2011 and Since I was not aware of H1 re-capture , applied for EAD which got approved in Sept 2011 and valid till Sep 2013. I started to work from March 2012 to till date. I have few questions here

1. Can I re-capture my expired H1B and how long it will be valid ? -- Your current or any other employer can file a cap-exempt petition for you at any time.
2. What are the required documents for H1-B recapture ? -- The employer will need the approval notice, receipt notice or at minimum the receipt number for the past petition.
3. Do I need to notify the consultant who processed my initial H1 and get any NOC for re-capture ? -- No
3. Can I work using EAD till I get the H1-B recapture approved and I assume this will not be part of H1 Cap for 2014 ? -- Of course, you can use the EAD as long as your spouse is maintaining L1 status.
4. How much it will cost for re-capture ? -- Same as any other petition, to be borne by the employer.
5. I have requested my current employer to process new H1, is this advisable and do I get any extra benefit than re-capturing ? -- If your L2 EAD/status does not extend until Sep 30, filing a cap-subject H1 will not give you continuous work authorization. But since cap-exempt H1 can be filed with immediate start date (as against Oct 1) you will have continuous work authorization.

Thanks in advance

Regards,
Mahe

See above.

[Mahbenton]

L2 to H1B ( H1B Recapture)

See above.

Thanks for your input. I have a question, my Petition is I797 B, so when I do re-capture should I go out of US for stamping and then come back or I can stay back in US and whenever I go for vacation / visit India I need to go for stamping ?

[kabkaba]

Your new employer will be filing a new petition. They can also request change of status with that petition. If change of status is approved, your status changes to H1. It does not matter how the old petition was filed (With or without change of status).

Visa in your passport is needed only if you travel outside the US and want to return.