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slogger H Visa

Discussion in 'Investment, Work Visa' started by Oldslogger, Nov 11, 2014.

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  1. Oldslogger

    Oldslogger Law Topic Starter New Member

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    Hi Team,

    When I was with company A in India, this company (A) processed a H1-B visa for me in 2011 and I have worked in US for 3 months on this visa and returned to India. After returning, I left this company and joined company B. Two years after joining company B, company B has processed L1 visa for me and at the same time, my H1-B Visa has been stamped as "Cancelled without Prejudice". I'm now again in US on this L1 visa.

    I now have an offer in US and want to know whether my previous employer A has withdrawn/revoked the petition or not. And whether the company offering job have the option of H1 transfer or whether the Visa needs to be processed afresh.

    I have contacted my previous employer A, but they are not providing me the requested information about the Visa. Is there any way to know my H1 status from any other source.

    Regards
     
  2. army judge

    army judge Super Moderator

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    Yes, these are the bureaucrats that will know:

    http://www.uscis.gov/

    Otherwise, you can retain the assistance of an immigration attorney.

    No one on this little board would have any information on you or your visa status.
     
  3. ElleMD

    ElleMD Well-Known Member

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    It sounds like there is no H1 visa any longer.
     
  4. Oldslogger

    Oldslogger Law Topic Starter New Member

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    Yes. My H1-B Visa stamped on my passport has been cancelled when L1 Visa was issued. I think this is in-line with the policy that an individual can hold only one valid work visa at a time.
     
  5. ElleMD

    ElleMD Well-Known Member

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  6. Oldslogger

    Oldslogger Law Topic Starter New Member

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  7. army judge

    army judge Super Moderator

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    If a person is currently working on a particular H-1B visa for employer ABC, and the person desires to change jobs working for employer XYZ, employer XYZ has to file a new H-1B petition for the Prospective employer!


    Many people, including some immigration attorneys, call this process an "H1 transfer". Most people improperly refer to the new petition by the new employer as an "H-1B transfer".

    I guess this is done to easily describe the process. It is important to note that there is nothing resembling a "transfer" under existing immigration laws. Nothing gets transferred from one employer to another employer, unless you consider (IMPROPERLY) the employee to be a transfer.

    The previous employer ABC does not have to "transfer" ANYTHING to the new employer XYZ.

    The previous employer ABC does not even have to know about the new employer XYZ.

    WHEN uninformed people erroneously say "H1B transfer", it is actually just a new H-1B petition, and without the restriction of the H-1B cap.

    When the petition is filed by a new employer XYZ , it may generally be with a request to extend the prospective employee's H-1B status. Nothing ever gets transferred, neither employer XYZ nor the prospective employee, is required to seek permission from the previous employer to file a new H-1B petition.


    In essence this "transfer" is a mechanism to skirt or avoid the "cap". This is why some object to the process. It's precisely why it exists, to avoid the cap!
     
    Last edited: Nov 14, 2014
  8. Oldslogger

    Oldslogger Law Topic Starter New Member

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    Thanks ArmyJudge for the detailed reply.
     

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