H1 visa rejected first, on L1 now, want to be in H1 status

guru_simpa

New Member
Hi,

A few questions. Thankx in advance.

One company A applied for my H1 petition in year 2006 and it was approved. I went for the visa interview for through this petition and somehow the

visa was rejected. The petition says it is valid till 2008.

Another company B applied for a L1 blank petition and I got L1 visa through this company. I am currently in US working on this visa and this visa and

L1 status expires on 2009.

I want to leave company B and want to apply for H1 status through some other company C.

My questions are :

a) Is the H1 petition I filed with company A still valid after I get the L1 petition and visa?

b) If it is valid, will I be able to transfer the H1 petition, which is valid till 2008, to some other company C and work in this company. What is

the procedure?

c) If this petition is valid, will I need visa stamping for H1? If yes, do I have to go to India (as I am from India) for the visa stamping or will

it be ok if I go for mexico or canada.

d) If the H1 petition from company A is not valid, do I have to file the H1 petition again or can I transfer the L1 petition to H1.
 
guru_simpa said:
Hi,

A few questions. Thankx in advance.

One company A applied for my H1 petition in year 2006 and it was approved. I went for the visa interview for through this petition and somehow the

visa was rejected. The petition says it is valid till 2008.

Another company B applied for a L1 blank petition and I got L1 visa through this company. I am currently in US working on this visa and this visa and

L1 status expires on 2009.

I want to leave company B and want to apply for H1 status through some other company C.

My questions are :

a) Is the H1 petition I filed with company A still valid after I get the L1 petition and visa?

Your h1 approval petition is valid provided you have to go to your home country get it stamped.

b) If it is valid, will I be able to transfer the H1 petition, which is valid till 2008, to some other company C and work in this company. What is

the procedure? Unless that h1 is stamped in your pp and enter US again you can not transfer the visa
c) If this petition is valid, will I need visa stamping for H1? If yes, do I have to go to India (as I am from India) for the visa stamping or will

it be ok if I go for mexico or canada. Since the h1 was rejected, the record will there in the embassy. Why the visa denied in the first place?
d) If the H1 petition from company A is not valid, do I have to file the H1 petition again or can I transfer the L1 petition to H1. You can trnasfer L1 to H1 but that h1 come under quota and you can start workong from Oct 2007 if you file the pwtiiton by Apr 1, 2007 in year 2008 quota
 
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