h1-b cap

[vm6580]

Hi,

1. ) I am currently working on L1 visa for company A.
2.) In 2009, I had an approved 797-A for H1-b visa for company B. I never worked on that 797-A. It expired in early 2012
3.) Now company C wants to apply for my H1 and wants me to start on it immediately.

I understand that the H1 visa cap for 2012 is already hit.

Can company C apply for my H1-b and use the unused 797-A (from 2009) to bypass the H1 cap for this 2012?

[kabkaba]

Yes, they can utilize that cap number to file a cap-exempt petition.

You will only be eligible for 6 years minus time spent in the US in L1+H1 status.

If H1 petition is filed as change of status, you must leave the L1 employer and join H1 employer immediately when the change of status becomes effective. Let the attorney from C know of this so that they can leave some gap between effective date and your last day at A.