H Visa Transfer L1 to H1 with COS

[tim50]

My H1B approved by 'X' company in 2005 and it it valid upto Apr'08. My H1B visa also stamped. 'X' comapany mergerd with 'Y' comapany and I am employee of 'Y' comapany now.
I never come to US on H1b and Finally I came to US on L1A and my H1B visa has been 'cancelled with prejudice' during L1b stamping.

My question is as below : -
- IS my H1B petetion is still valid and Can I change job with H1b with other employer ?
- If above is not posbile. Will I need to file new H!b in apr 2008?
- if I file new H1, Will my name be part of H1B anual CAP or it is already considered and will not part of anuual quota.

Tim...thanks

 

[mafioso]

Clarify your questions;
Your first paragraph is confusing….can you explain the background of the story again in details??
What visa did you come to the US with?
What different visas have you had since here?
What visa was cancelled and what replaced it?
What type of visa do you currently have?
Is your company filling anything for you now or have they filled for you? If so what visa??

 

[stephan]

Based on my experience, your H1B is no longer valid. And if so, you will have to reapply. This is specially true since now you work for a "different" company. And yes, you will be subject to quota...good luck

 

[tim50]

What visa did you come to the US with? L1
What different visas have you had since here? H1B has been cancelled while stamping L1. As my company don;t want me on to come here on H1.
What visa was cancelled and what replaced it? H1B cancelled and replaced with new L1.
What type of visa do you currently have? L1
Is your company filling anything for you now or have they filled for you? If so what visa??
No my company filing anything for me. I am thinking to file H1B from some consultant next year.

Now I an here on L1 but also had H1B approved petition (Visa cancelled "with prejudice). The validity of this H!b petition is upto Apr 2008. Also note that H1b (X employer) and L1 petetion filed by 'Y ' employer. later X merged with Y. So same company for H1 and L1.

My name is considered in 2005 H quota. I never come on H1 to usa. Hope this is clear now.

 

[mafioso]

The date on the H1B visa does not matter once it has been cancelled. Your company has filed and got you temporal approval for L1. You might have a valid date on the H1B visa but it is no longer valid in immigrations system. Your H1B I-94 is no longer valid…. If you leave the US you would return back only on your new L1 visa which is what immigration recognizes now. You have lost your H1B visa. If you switch companies, then can apply to change your status to H1B visas. The thing is most companies don't like H1B visas due to the small limit compared to L1 visas. L- visas technically don't have a hard limit………..It sometimes averages over 300K a year!! It has loop holes. Your new company would re-apply like you are a new candidate for H1B visa quota, April 2008. You would wait in line like all new candidates.

 

[snoop2505]

Switch from L1B to H1B with the same company

Hi,

I am new on this forum and have a quick question. I am currently under a L1B visa and my company just renew it for 2 more years (until 2010). Would it be possible for them to extend my period after 2010 by switching my current L1B to a H1B visa?
If so how long I will be able to stay in the US ?(I will already done 5 years after my L1B expiration date)

Thanks a lot