Legal Question in Immigration Law in New Jersey

H-1 B question

In October 2005 I got a H1-B visa and worked for Company �A�. The visa was valid upto September 2008 (renewable for a further period of 3 years). Subsequently in January 2007, I got a job offer from Company �B� and transferred to a L1 visa (as I had worked for Company B outside USA earlier). I got laid-off from Company �B� in December 2008 and have filed an application for a B-1 (tourist visa) to wind operations in USA (sell car, furniture etc). This application (B-1) is still pending with USCIS. In the meantime I got an offer from another Company ��C� (never worked with Company �C� before). I have the following questions -

Can I reactivate (use) my H1-B visa (issued in October 2005 ) again?

If yes, what will be the procedure and how long will it take for me to start my job with the new employer?

Will the original expiry of my H1-B (Sept 2008) impact my process of reactivate (use) my H-1B?

Will the application for B-1 in any way act as an impediment/barrier to reactivate (use) my H-1b?


Asked on 12/19/08, 2:41 pm

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: H-1 B question

You should have an attorney reveiw your prior immigration history. Based on what you have written it appears as though you will be eligible to apply for an H-1B with company C, but there are many factors to consider. If the company does sponsor you and you are eligible for the H-1B, you can ask USCIS to premium process the application and you will have a response (approve, deny or request for more evidence) within 15 days of filing. If USCIS changes you status, you will be eligible to work once you receive the approval.

Again, before applying for your H-1B, I strongly recommend that you reveiw everything with an attorney to ensure that you are eligible.

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Answered on 12/19/08, 2:56 pm
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: H-1 B question

If you have not used up your 6-year limit for the H-1B, you might be eligible to the H-1B from the new employer BUT you must be in lawful status at the time of filing the petition to change status from L-1 to H-1B. Depending on the time when you filed the application to change status from L-1 to B-1, you might be able to withdraw the application and file the new petition instead. Otherwise, you will have to wait for the decision on the change of status application you filed for B-1. Also, your pay records from the L-1 employer must be reviewed to determine whether it is possible at all. It is very serious because I doubt that the the B-1 change of status will be granted. You are taking a chance to find yourself in unlawful status. Be very careful because time is of the essense.

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Answered on 12/20/08, 11:36 pm


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