H1B Out Of Cap - COS from L2 to H1B)

[onlineseek]

Hi,

I am currently working in US on L2 EAD. My earlier H1B visa was revoked by my previous employer after I had left them. I have still 4 years of stay left in US for H1 visa.

1) Can my currently employer(same as my previous employer, I have re-joined them) apply for H1B out of cap visa for me? Do I need to be outside US for Out of Cap visa to be applied?

2) Also, can I ask my employer to apply for a COS for my H1B Out of Cap petition ? This would ensure that I get a new I-94 and my status changes from L2-EAD to H1B without requiring me to travel out of country.

Thanks for your time and inputs.

Regards,
onlineseek

[raghvi]

Hi,

I am currently working in US on L2 EAD. My earlier H1B visa was revoked by my previous employer after I had left them. I have still 4 years of stay left in US for H1 visa.

1) Can my currently employer(same as my previous employer, I have re-joined them) apply for H1B out of cap visa for me? Do I need to be outside US for Out of Cap visa to be applied?

2) Also, can I ask my employer to apply for a COS for my H1B Out of Cap petition ? This would ensure that I get a new I-94 and my status changes from L2-EAD to H1B without requiring me to travel out of country.

Thanks for your time and inputs.

Regards,
onlineseek

1. If the H1 was valid in last 6 years then Yes. No need to be outside US.
2. Again, yes.

This is my opinion not legal advice.

[onlineseek]

1. If the H1 was valid in last 6 years then Yes. No need to be outside US.
2. Again, yes.

This is my opinion not legal advice.

Thanks Raghvi for your response. Its been very helpful.