Urgent - Help on H1B COS Currently in OPT EAD

[[email protected]]

Hello Friends,
Thanks for all your help in this forum.

I have an approved H1B petition from 2008 -2011 but I never used it. Below is the timeline,

a) H1B-(Petition Approved, Never used. Expired.)(Oct 2008 to Sep 2011)-CompanyABC,
b) L1B-(Visa stamped & worked in US for 3 years) (Aug 2010 to June 2013)-CompanyABC,
c) F1 Student-(Stamped and Graduated from MBA) (July 2013 to Dec 2014)
d) Currently in OPT EAD-(Approved and Valid till Dec 2015). Working for CompanyXYZ

Below are the questions,

1) Can CompanyXYZ use my expired H1B petition and file the extension (Change of Status H1) immediately under premium processing? This will help me get the decision on H1 extension/COS by March 1st week. Depend on the result, I can file a fresh H1B in April 2015.
2) If Change of Status for H1B is approved, Will my H1B visa become effective immediately?
3) If Change of Status for H1B is approved, Should I travel out of US and get H1 stamped?
4) If H1B COS or stamping is denied, can I continue working in OPT and file for fresh H1 in April 2015?
5) If COS request is still under processing with USCIS, can I file for new H1 in April? Will I be considering under cap-gap or cap exempt?

Thanks again.

[[email protected]]

Update on the above question... The petition that was approved in 2008 was I797B... With this petition, if my COS is approved, should I travel out of country for stamping and come back to US?

[DesiOPT-FaceBook-Admin]

Your question will be reviewed by our moderator and posted on our wall at http://www.facebook.com/desiopt1 within 24-72 hours please follow the post and forum.
*** Don't Miss Important Topics, Subscribe to our Newsletter at http://bit.ly/1da2vrz ***
If you feel this community is useful, please invite your friends by following below steps
1. Goto http://facebook.com/desiopt1
2. Find "Suggest DesiOPT.com to Your Friends" - Click on "See All" and Invite your friends
3. If you can't find the link, refer http://bit.ly/16CAYOb

In addition to the readers comments, You can also call attorneys for free advice. DesiOPT is collaborating with group of attorneys. You can contact them directly via email/ phone. Initial Consult is Free.

Their information is listed on http://desiopt.com/ home page.
we are providing direct links as well, please let us know your feedback after the call

http://www.desiopt.com/index.php?show_emp=1213

http://www.desiopt.com/index.php?show_emp=3648

http://www.desiopt.com/index.php?show_emp=3561

http://www.desiopt.com/index.php?show_emp=4297

Thanks

https://Www.DesiOPT.com

Disclaimer: http://bit.ly/163AglR

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on Feb 16th - Please review comments from other users.

[lisaanderson]

Hello Friends,
Thanks for all your help in this forum.

I have an approved H1B petition from 2008 -2011 but I never used it. Below is the timeline,

a) H1B-(Petition Approved, Never used. Expired.)(Oct 2008 to Sep 2011)-CompanyABC,
b) L1B-(Visa stamped & worked in US for 3 years) (Aug 2010 to June 2013)-CompanyABC,
c) F1 Student-(Stamped and Graduated from MBA) (July 2013 to Dec 2014)
d) Currently in OPT EAD-(Approved and Valid till Dec 2015). Working for CompanyXYZ

Below are the questions,

1) Can CompanyXYZ use my expired H1B petition and file the extension (Change of Status H1) immediately under premium processing? This will help me get the decision on H1 extension/COS by March 1st week. Depend on the result, I can file a fresh H1B in April 2015.
2) If Change of Status for H1B is approved, Will my H1B visa become effective immediately?
3) If Change of Status for H1B is approved, Should I travel out of US and get H1 stamped?
4) If H1B COS or stamping is denied, can I continue working in OPT and file for fresh H1 in April 2015?
5) If COS request is still under processing with USCIS, can I file for new H1 in April? Will I be considering under cap-gap or cap exempt?

Thanks again.

1. Generally, in order to be considered cap-exempt, the H-1B must be filed within 6 years of the H-1B approval. You have passed the 6-year mark. You may not be considered cap-exempt.
2. Yes.
3. You don’t need to.
4. Yes.
5. You can’t do both.

[lisaanderson]

Update on the above question... The petition that was approved in 2008 was I797B... With this petition, if my COS is approved, should I travel out of country for stamping and come back to US?

If a COS is approved, there is no need for stamping.

[DesiOPT-FaceBook-Fan]

1 if u were in h1 status or if that petition stamped u can use u r old petition .. Based on this only i can answer other questions