L2 to new H1B (reuse old expired H1B visa to exempt from cap)

[vija]

Hi,

Hope you can help me here.

I was issued H1B in May 2012 and visa expired in Feb 2013. I went back to India in Feb 2013 and now I am bank in US but on L2 with 3 years validity. I am applying for L2 EAD and should get in next couple of months but just want to check on few things:

1. Can I start applying for job now and inform new employer that I hold an expired H1B visa (expired in Feb 2013( and if they can use my old petition and file H1B?
2. If yes, would my H1B be exempted towards annual CAP?
3. If new employer offers me H1B, will my L2 EAD would still be valid?

Thank you very much in advance

Regards
Vijay

[vija]

L2 to new H1B (reuse old expired H1B visa to exempt from cap)

Hi Admin, Please help with an answer.

Thanks
Vijay