Can I use previous approved H1b instead of L1B extension

[SanjayAY]

Hi,

I'm currently in US on L1B visa since June 2014, my L1B visa will expire in December 2016. Another employer has filed my H1B petition in 2012 and the application got approved in October 2012. I did not appear for H1B stamping and I don't have the petition copy, but I receipt number and a RFE document with receipt number and my name on it. I requested the previous employer to send me petition copy, when come to know about petition they revoked the petition a week ago.

Can I use the receipt number to transfer my H1B petition to my current employer.

Please advise

Thanks

[raghvi]

Hi,

I'm currently in US on L1B visa since June 2014, my L1B visa will expire in December 2016. Another employer has filed my H1B petition in 2012 and the application got approved in October 2012. I did not appear for H1B stamping and I don't have the petition copy, but I receipt number and a RFE document with receipt number and my name on it. I requested the previous employer to send me petition copy, when come to know about petition they revoked the petition a week ago.

Can I use the receipt number to transfer my H1B petition to my current employer.

Please advise

Thanks

You should be able to , but some legal firms may back off in filing that and state that the original H1 was never activated hence may not be cap exempt.

This is my opinion not legal advice.