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H1B approved in 2008...never used..Is it CAP-EXEMPT

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  • H1B approved in 2008...never used..Is it CAP-EXEMPT

    Hi,

    Here is my case:-

    - My H1B was approved by Company A for FY 200809 quote (it was approved on Sep 30th 2008) and I have the I797C copy for it which has a recdeipt number

    - I never used this H1B

    - I am currently in US on a L1B blanket visa for company B valid until July 2016

    Here are my questions:-

    1. Employer C wants to hire me. Can they use my prior approved H1B (through company A) to reapply for a NEW H1B which will be cap-exempt?

    2. How long generally it takes for processing of such cap-exempt cases?

    3. Since I never used that H1B, can I spend the remaining period of 6 years (deducting whatever time I spend on current L1 until my H1B gets processed) in case my cap exempt H1B gets approved through emploer C?

    4. What happens to my current L1B once the new H1B gets approved? In case I take a decison to stick with emploer B, will I have that option available?

    Many thanks in advance for your response.

  • #2
    Originally posted by hscr2013 View Post
    Hi,

    Here is my case:-

    - My H1B was approved by Company A for FY 200809 quote (it was approved on Sep 30th 2008) and I have the I797C copy for it which has a recdeipt number

    - I never used this H1B

    - I am currently in US on a L1B blanket visa for company B valid until July 2016

    Here are my questions:-

    1. Employer C wants to hire me. Can they use my prior approved H1B (through company A) to reapply for a NEW H1B which will be cap-exempt?

    2. How long generally it takes for processing of such cap-exempt cases?

    3. Since I never used that H1B, can I spend the remaining period of 6 years (deducting whatever time I spend on current L1 until my H1B gets processed) in case my cap exempt H1B gets approved through emploer C?

    4. What happens to my current L1B once the new H1B gets approved? In case I take a decison to stick with emploer B, will I have that option available?

    Many thanks in advance for your response.
    1. Yes Possible.
    2. 15-20 days in premium if no RFE. Few Months if done as normal processing.
    3. Yes possible.
    4. Tricky.
    If you apply L1 to H1 as COS and if approved you should work only with Employer C from H1 start date otherwise do a "leap frog", that is, leave US before H1 start date and and return on L1 visa in order to continue working with L1 employer.
    If L1 to H1 is applied as consular processing then you can work with C only after getting a H1 stamped at a consulate outside US.

    This is my opinion not legal advice.

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    • #3
      Thank you so much and I really appreciate the quick response. It is very helpful in clearing the doubts also.

      Just a last query I have - I just have approved 797C from the employer who had processed my H1 in 2008. I797C also has a receipt number. Is that sufficient for employer C to file a cap-exempt H1B petition?

      Thanks again.

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