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  • Using expired H1 petition

    Hi,
    I am working in the US for employer A on L1 visa. My L1 visa and i94 expired last month. Employer A applied for my L1 extension last month. I have not received any reply from US CIS so far.
    I have an expired H1 petition that was obtained thru consular process via employer B. This H1 petition was valid from Oct 2008-Oct 2011. But it was never used. I am being told by friends that it is possible to use this expired petition out of cap if an employer is willing to offer job and process it again. Is this correct? Since I am residing in U.S only with the receipt of L1 extension, is it still possible to use this expired petition now? I want to try this as many L1 extensions get rejected these days. Please help.

  • #2
    Originally posted by zample10 View Post
    Hi,
    I am working in the US for employer A on L1 visa. My L1 visa and i94 expired last month. Employer A applied for my L1 extension last month. I have not received any reply from US CIS so far.
    I have an expired H1 petition that was obtained thru consular process via employer B. This H1 petition was valid from Oct 2008-Oct 2011. But it was never used. I am being told by friends that it is possible to use this expired petition out of cap if an employer is willing to offer job and process it again. Is this correct? Since I am residing in U.S only with the receipt of L1 extension, is it still possible to use this expired petition now? I want to try this as many L1 extensions get rejected these days. Please help.

    You certainly can use the h1 to file a cap exempt petition but you will not get a new I-94 as your current I-94 has already expired.

    So either you first get L1 extension approved and then subsequently file H1 cap exempt to move to H1. Or you can file cap exempt H1 petition as consular process leave US, get H1 stamped and return on H1.

    This is my opinion not legal advice.

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    • #3
      Thanks Raghvi for the reply.

      While I am waiting for L1 extension to happen, is it possible to start in parallel to apply for H1B consular process with an employer who is willing to hire me? Or is it not possible because i am currently out of status and i94?

      Can I ask my employer to process my L1 in premium? That way I will get to know of my status soon. How is the approval/rejection trend as far as L1 premium extension is concerned? I am afraid if there will be more scrutiny and chance of rejection since it is premium.

      Kindly help.

      Comment


      • #4
        Originally posted by zample10 View Post
        Thanks Raghvi for the reply.

        While I am waiting for L1 extension to happen, is it possible to start in parallel to apply for H1B consular process with an employer who is willing to hire me? Or is it not possible because i am currently out of status and i94?

        Can I ask my employer to process my L1 in premium? That way I will get to know of my status soon. How is the approval/rejection trend as far as L1 premium extension is concerned? I am afraid if there will be more scrutiny and chance of rejection since it is premium.

        Kindly help.
        Yes you can surely start the H1 as consular processing. What will not be possible is a COS to H1, as your current status depends on L1 extension decision.

        Yes you can upgrade L1 extension to premium. I dont actively monitor the trend as very little data is available in the public domain but yes, higher scrutiny for L1s have been around for last 2-3 Years. I dont think premium processing attracts any extra scrutiny. It does cost extra money and not every employer is willing to shell that.

        Plus the 240 days grace period after I-94 expiry that USCIS allows for processing delays . This encourages employees to file extensions at last moment and delay responses to RFEs to maximize the stay in US without having to incur the extra cost. Its the employee who has to bear the uncertainity.

        This is my opinion not legal advice.

        Comment

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