Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L1b to H1b COS with expired H1b approval

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1b to H1b COS with expired H1b approval

    I have question regarding H1b cap exempt. I got my H1b approved(Class Consulate POE) from Employer A in 2009, and approval was valid from 10/01/2009 to 9/24/2012. I never went for h1b visa stamping with approval.

    After this my Employer B did send me to US on L1b in Feb 2011, which is going to expire in Jan 2014. As L1b extension have lot of rejection these days so want to use Employer A's approved H1 for l1b to H1b COS.

    A) So want to know if i can still use employer A's expired H1B approval for CAP exempt ?
    B) If Yes, any issue anyone see with USCIS approval for this kind of case ?
    C) Also as h1 approval class was consulate/POE, so do i need to go back to my home country to get it stamped ?

  • #2
    Hello, Hunterz.

    I am not a professional, but i feel you should be able to use your H1B. I feel you are already counted against the Cap for 2009, so you will not be subject to cap again. (Just that you never went to US and worked, i am unsure, but i still feel you are cap exempt).

    Also, i feel, you should be able to Change Status to H1B without having to go to India for stamping. Do consult an attorney, please.

    Hope this helps.

    Good luck.

    Cheers,

    Originally posted by hunterz View Post
    I have question regarding H1b cap exempt. I got my H1b approved(Class Consulate POE) from Employer A in 2009, and approval was valid from 10/01/2009 to 9/24/2012. I never went for h1b visa stamping with approval.

    After this my Employer B did send me to US on L1b in Feb 2011, which is going to expire in Jan 2014. As L1b extension have lot of rejection these days so want to use Employer A's approved H1 for l1b to H1b COS.

    A) So want to know if i can still use employer A's expired H1B approval for CAP exempt ?
    B) If Yes, any issue anyone see with USCIS approval for this kind of case ?
    C) Also as h1 approval class was consulate/POE, so do i need to go back to my home country to get it stamped ?
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Please do check with an attorney on this H1B Consulate/POE. I am not too sure on this one. Sorry.

      Originally posted by Nattybone View Post
      Hello, Hunterz.

      I am not a professional, but i feel you should be able to use your H1B. I feel you are already counted against the Cap for 2009, so you will not be subject to cap again. (Just that you never went to US and worked, i am unsure, but i still feel you are cap exempt).

      Also, i feel, you should be able to Change Status to H1B without having to go to India for stamping. Do consult an attorney, please.

      Hope this helps.

      Good luck.

      Cheers,
      These are my personal thoughts. I am not a professional.

      Wishing you luck.

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X