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Currently in US on L1-A, also have an expired 2003 H1B ; can H1-B be renewed?

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  • Currently in US on L1-A, also have an expired 2003 H1B ; can H1-B be renewed?

    I am currently in US on L1-A visa. I also have an expired H1-B from 2003.
    I have the following questions:
    1) Can a new company apply for a renewal of my old expired H1-B, and thus enable me to switch my job if the H1-B is renewed? (I cannot switch jobs on L1-A).
    2) Would the new company be able to apply for H1-B renewal without cap?
    3) Is there any 6 year rule for renewing H1B without cap (can the 2003 H1-B be renewed without cap now)?

  • #2
    No, USCIS only considers H1 petitions expired within the last 6 years for cap-exemption eligibility.
    This is my opinion and not legal advice.

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