H1B Question - Activate Expired H1B

[rahul12345]

Hi,

I have a doubt regarding the expired H1-B visa from my previous employer. I got H1-B visa processed by my previous employer for which I got stamped in Nov 2008 and expired on September 2011 . After that I left the company and joined my current employer and travelled to US with L1-B visa. My L1-B Visa going to expire on May 2014 and current employer asking me to file new H1-B for .

I never traveled to US using my previous H1-B visa.

My questions are,

1) If my current employer filing new H1-B will it be consider in coming year H1-B quota lottery bcs I already had H1B visa ? or will it be questioned ?
2) Expired H1-B visa can be used my current employer to activate my H1-B visa with CAP-EXEMPT? Will it give any benefits?


Thanks.
Rahul.

[Xris74]

Hi,

I have a doubt regarding the expired H1-B visa from my previous employer. I got H1-B visa processed by my previous employer for which I got stamped in Nov 2008 and expired on September 2011 . After that I left the company and joined my current employer and travelled to US with L1-B visa. My L1-B Visa going to expire on May 2014 and current employer asking me to file new H1-B for .

I never traveled to US using my previous H1-B visa.

My questions are,

1) If my current employer filing new H1-B will it be consider in coming year H1-B quota lottery bcs I already had H1B visa ? or will it be questioned ?
2) Expired H1-B visa can be used my current employer to activate my H1-B visa with CAP-EXEMPT? Will it give any benefits?


Thanks.
Rahul.

I was in a similar situation three years ago where I switched my visa from L1 to H1 for green card purposes, and it was not subjected to the H1B cap. The old H1B won't affect your visa switch process since it was sponsored by a different employer.

Disclaimer: Not an immigration lawyer.

[rahul12345]

Thank you.