Previous H1 petition/visa validity

[krishsas]

I had a H1B visa, petition valid from 10/1/2005 to 7/1/2008. I utilized only 3 months of that period. I came back to US in Jun'10 on L1B and been in US since then. My employer got my L1B renewed in 2013 as well as applied for new H1B in 2013 under the cap.I was told that the H1B petition got approved however they won't give me the documents since I have a valid L1B visa until next year. My question is... is it possible to invoke the old H1B and transfer to a new employer while I am in US?

Note - My employer researched my old H1B petition in 2013 and told me that it can't be considered under cap-exempt

[raghvi]

I had a H1B visa, petition valid from 10/1/2005 to 7/1/2008. I utilized only 3 months of that period. I came back to US in Jun'10 on L1B and been in US since then. My employer got my L1B renewed in 2013 as well as applied for new H1B in 2013 under the cap.I was told that the H1B petition got approved however they won't give me the documents since I have a valid L1B visa until next year. My question is... is it possible to invoke the old H1B and transfer to a new employer while I am in US?

Note - My employer researched my old H1B petition in 2013 and told me that it can't be considered under cap-exempt

The 2005 H1 cannot be used as its been over 6 Years and you were not on H1 on that petition in last 6 Years.

2013 petition, if approved and you have the receipt number of that petition it can be used.

Also, L1 + H1 can at max be for 6 Years so if you have already spent 4 Years on L1 you would be eligible for additional 2 Years on H1 if you can get the 2013 petition details.

This is my opinion not legal advice.