H1 Visa applied in 2004 2007

[ravikishore9876]

Hi,
Some employer applied for H1B in 2004 (consular processing). Employer sent the H1B papers to me. I did not go for stamping.

in 2007, I was on L1 in USA. Some other employer applied for H1b wirh COS. I continued with L1 and returned to India in 2008.

My question: I am looking for H1B now. Can I utilize any of the above H1b now with cap exempt?

Thanks
Ravi K

[raghvi]

Hi,
Some employer applied for H1B in 2004 (consular processing). Employer sent the H1B papers to me. I did not go for stamping.

in 2007, I was on L1 in USA. Some other employer applied for H1b wirh COS. I continued with L1 and returned to India in 2008.

My question: I am looking for H1B now. Can I utilize any of the above H1b now with cap exempt?

Thanks
Ravi K

What do you mean when you say you applied COS but continued to work with L1 employer? If you applied as COS to H1, and it was approved, unless you did "leap frog" , you r continuous employment with L1 employer was illegal.

This is my opinion not legal advice.

[ravikishore9876]

I applied for L1 extension after I got H1B. So I got new I94 based on my L1 petition. So it overrode the H1B's I94.

My question: I am looking for H1B now. Can I utilize any of the above H1b now with cap exemption?

[raghvi]

I applied for L1 extension after I got H1B. So I got new I94 based on my L1 petition. So it overrode the H1B's I94.

My question: I am looking for H1B now. Can I utilize any of the above H1b now with cap exemption?

Doesnt look like a straight forward case.

Whether L1 extension overrode H1 COS or not depends upon the timing at which it was done and only USCIS can probably answer that since the Last Action Rule is not a law as per se.

But to answer your question, if you did indeed move to H1 OR had an approved COS to H1 in last 6 Years then probably you should be able to re use it, but if you did move to H1 your L1 employment beyond COS to H1 was illegal.

Talk to an attorney.

This is my opinion not legal advice.