1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

L1B to H1B Transfer (H1B cancelled with prejuidice) H Visa

Discussion in 'Investment, Work Visa' started by ratanbs, Nov 6, 2008.

Thread Status:
Not open for further replies.
  1. ratanbs

    ratanbs Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Hi,

    My L1B approved by 'X' company in 2006 and it is valid upto June'09
    My H1B approved by 'Y' company in 2006 and it is valid upto Sept'09.
    I came to US on L1B visa through 'X" company and immigrant officer has cancelled my H1B visa by stamping as "cancelled with prejudice" at port of entry before entering into US,

    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 H1b in apr 2009?
    - 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.

    Thanks & regards,
    Ratan
     
  2. presutin

    presutin Moderator

    Messages:
    1,631
    Likes Received:
    163
    Trophy Points:
    0

    Answers:
    1) No. It was cancelled when you reentered the country
    2) Yes
    3) Part of the annual CAP
     
  3. ratanbs

    ratanbs Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Hi presutin,

    Thanks for you reply,

    I have never entered into US with H1B visa and
    my H1B petition status is still showing valid on USCIS website as below :

    Receipt Number: EAC##########

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Cable sent to American Consulate or port of entry notifying them of approval.

    On July 20, 2006, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information


    Regards,
    Ratan
     
  4. presutin

    presutin Moderator

    Messages:
    1,631
    Likes Received:
    163
    Trophy Points:
    0

    Information may have not been updated on the website. I wouldn't rely that your H1B is still good because it is not showing as cancelled on the website.
     

Share This Page

Thread Status:
Not open for further replies.