L1 to H1 Visa

[saran_tgu]

Hi,

I have been visited USA on 2008 to 2009 in H1B visa around 1year and 3months, it got expired in 2010. Now I am back to US on Nov'2013 in L1 Visa. I just want to confirm whether its possible to use my old H1B and transfer to different employeer, without going to the H1B cap (so that I can avoid the lot). If so, what are all the necessary actions I have to take.

Please respond back, with your ideas and views.

Thanks in advance.

[raghvi]

Hi,

I have been visited USA on 2008 to 2009 in H1B visa around 1year and 3months, it got expired in 2010. Now I am back to US on Nov'2013 in L1 Visa. I just want to confirm whether its possible to use my old H1B and transfer to different employeer, without going to the H1B cap (so that I can avoid the lot). If so, what are all the necessary actions I have to take.

Please respond back, with your ideas and views.

Thanks in advance.

Yes it is possible. You would need to provide the employer with a copy of your previously approved H1 I797 Notice. Total duration allowed would be 6 Years minus time spent earlier in H1 and current time on L1.

If H1 applied as consular, you would move to H1 only after getting H1 stamped at a consulate outside US.

If you apply H1 as COS, any employment with L1 employer post COS approval is illegal. If COS approved, as and when you leave US in order to return on H1 you would need to get H1 stamping done.

This is my opinion not legal advice.

[saran_tgu]

L1 to H1B

Thanks for your information, I can go for COS and one I got my H1B, I can work on the new employer right.

One more query : My petition got expired on 2010, I would like to know whether any timeframe to renewal it. I heard I have to do it within 6 years, is it true, if its "TRUE", I have to do it within 2016 right. Please let me know, if you have any ideas about it.

Thanks,
Saravanan.G

Yes it is possible. You would need to provide the employer with a copy of your previously approved H1 I797 Notice. Total duration allowed would be 6 Years minus time spent earlier in H1 and current time on L1.

If H1 applied as consular, you would move to H1 only after getting H1 stamped at a consulate outside US.

If you apply H1 as COS, any employment with L1 employer post COS approval is illegal. If COS approved, as and when you leave US in order to return on H1 you would need to get H1 stamping done.

This is my opinion not legal advice.

[raghvi]

Hi,

I have been visited USA on 2008 to 2009 in H1B visa around 1year and 3months, it got expired in 2010. Now I am back to US on Nov'2013 in L1 Visa. I just want to confirm whether its possible to use my old H1B and transfer to different employeer, without going to the H1B cap (so that I can avoid the lot). If so, what are all the necessary actions I have to take.

Please respond back, with your ideas and views.

Thanks in advance.

Yes, it could be possible. Firstly you need to find an H1 sponsor/employer. They would in turn file a petition to employ you and as you have already been cap counted/in H1 status in last 6 Years their petition would be cap exempt (that is not go through this years quota). In order to prove you were cap counted you would have to provide receipt/approval notice of earlier H1.

This is my opinion not legal advice.

- - - Updated - - -

Also, with respect to your question regarding time-frame, I would say within 6 Years of last held H1 status , you held H1 status in 2009 so 6 years from there on. So if you left US while on H1 in say June 2009, then you can possibly file cap exempt till Jun 2015.

This is my opinion not legal advice.