L1 to H1 conversion using Cap Exempt filing

[i_like_usa]

Hi,

I have an approved H1b petition from employer A for the period Oct 2009 to Oct 2012. I never got this H1b stamped on my passport.
I never worked for Employer A


I've came to US on March 2010 thru L1b visa thru Employer B and still working in US. My L1b will expire by May 2015.

I'm considering to switch to new employer by filing new H1b using my old H1b from Employer A for Cap Exempt filing.

Here are my questions.

1. Am I eligible for Cap Exempt new H1b filing based on the data given above?
2. If I'm eligible, How soon/ Max Date I should file new H1b using Cap Exempt?
3. How long it will take to get new H1b petition approved using Cap Exempt filing?

Sorry for too many questions, I really appreciate your answers.

[vnu007j]

Hello,

I heard a similar case but the only difference is the person got it stamped

You better check with any employer or attorney. As far as I know you can re-activate your H1-B petition in 6 years from the date it filed with Cap exemption.
It will take the same time as regular H1-B with the only exemption that you now will not be under cap.

Hope this helps.

[raghvi]

Hi,

I have an approved H1b petition from employer A for the period Oct 2009 to Oct 2012. I never got this H1b stamped on my passport.
I never worked for Employer A


I've came to US on March 2010 thru L1b visa thru Employer B and still working in US. My L1b will expire by May 2015.

I'm considering to switch to new employer by filing new H1b using my old H1b from Employer A for Cap Exempt filing.

Here are my questions.

1. Am I eligible for Cap Exempt new H1b filing based on the data given above?
2. If I'm eligible, How soon/ Max Date I should file new H1b using Cap Exempt?
3. How long it will take to get new H1b petition approved using Cap Exempt filing?

Sorry for too many questions, I really appreciate your answers.

1. Yes. Till Oct 2015.
2. Oct 2015.
3. 2-4 weeks in premium processing, and 2-4 Months in normal processing.

Few points you need to be aware of
1. If your H1 petition is approved, you would get only 6 Years minus time already spent in L1 status. So considering you have spent 5 Years in US from March 2010 till May 2015, if you apply L1 to H1 using old H1 petition, you would get only 1 Year of H1.

2. Also, once the Change of Status from L1 to H1 is approve, you must work and get paid by H1 employer, any employment with L1 employer beyond that would be illegal.

3. As you are nearing your 5th Year stay completion in US, it is probably high time to think about getting GC started otherwise beyond 6th Year you would not be able to work.

This is my opinion not legal advice.

[i_like_usa]

1. Yes. Till Oct 2015.
2. Oct 2015.
3. 2-4 weeks in premium processing, and 2-4 Months in normal processing.

Few points you need to be aware of
1. If your H1 petition is approved, you would get only 6 Years minus time already spent in L1 status. So considering you have spent 5 Years in US from March 2010 till May 2015, if you apply L1 to H1 using old H1 petition, you would get only 1 Year of H1.

2. Also, once the Change of Status from L1 to H1 is approve, you must work and get paid by H1 employer, any employment with L1 employer beyond that would be illegal.

3. As you are nearing your 5th Year stay completion in US, it is probably high time to think about getting GC started otherwise beyond 6th Year you would not be able to work.

This is my opinion not legal advice.

Thanks Raghvi - I appreciate your response.

- - - Updated - - -

Hello,

I heard a similar case but the only difference is the person got it stamped

You better check with any employer or attorney. As far as I know you can re-activate your H1-B petition in 6 years from the date it filed with Cap exemption.
It will take the same time as regular H1-B with the only exemption that you now will not be under cap.

Hope this helps.

Thanks vnu007j- I appreciate your response.