Legal Question in Immigration Law in New Jersey

Changed to H1B from L1B after H1B petition has been revoked

I am here on a L1B visa and my H1B petition got approved in 2007 but visa had been rejected stating that you petition has been sending back to USCIS to revoke because your employer is not able to provide employment in US and they took original petition(I-797C). Here is my questions for your kind review.

1.If I would like to change to H1B from L1B, Can I use same H1B which is approved in 2007 even though my petition got revoked ?

2.I do not have original petition and have photo copy of the petition, as per I-797C it valid until 09/29/2010, is that fine ?


Asked on 3/31/09, 8:45 pm

1 Answer from Attorneys
Anthony Siliato Meyner and Landis LLP

Re: Changed to H1B from L1B after H1B petition has been revoked

Since you previously had an H-1B petition approved on your behalf, you should not be subject to the H-1B cap. If you have another employer that is willing to file an H-1B petition on your behalf, you should be eligible for H-1B status (notwithstanding the revocation of the previous H-1B petition).

We have substantial experience in H-1B transfer petitions and haved been successful in obtaining H-1B approvals even though you may have never worked for the original H-1B petitioner.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/31/09, 9:31 pm


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