L1 to H1 conversion

[Amruthach]

Hi ,

I am currently in US on L1-B visa. I had a approved H1B in 2008 under CAP, which currently expired. I never used it or went for Visa stamping. Now, as i am in US , Can I use the expired H1 and get transferred to H1B through a new employer. I know the new employer have to file for a new petition but can I go under CAP exempt category?

Thanks..

[raghvi]

Hi ,

I am currently in US on L1-B visa. I had a approved H1B in 2008 under CAP, which currently expired. I never used it or went for Visa stamping. Now, as i am in US , Can I use the expired H1 and get transferred to H1B through a new employer. I know the new employer have to file for a new petition but can I go under CAP exempt category?

Thanks..

2008 Was 6 Years Back. It may be possible to re use it but within this only year and claim cap exemption.

This is my opinion not legal advice.