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HI Petition expired - Cap exempt petition

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  • HI Petition expired - Cap exempt petition

    Hi,

    I came to Came to US on L1B Visa in Feb 2013 and currently in US. My L1B Visa is expiring in Feb 2015. My H1 petition was also filed by my company in 2012 H1 CAP which expired in Sep 2013 and extension for H1 was not filed as my L1 was still valid.

    1. Can we file a new Cap Exempt H1B petition using expired I797 papers from the old petition and request an start date of March 2015, i think the answer is yes.
    2. If i dont get the H1 petition result by February or H1 petition is rejected prior to Feruary, can i file L1 extension and stay for 240 days.
    3. If say H1 petition gets approved in say April, will i have to revoke my L1 extension papers in order to remain in status.


    I have read a lot about the question, but have few followup questions, so posted them.

  • #2
    Originally posted by Gagandeep Sharma View Post
    Hi,

    I came to Came to US on L1B Visa in Feb 2013 and currently in US. My L1B Visa is expiring in Feb 2015. My H1 petition was also filed by my company in 2012 H1 CAP which expired in Sep 2013 and extension for H1 was not filed as my L1 was still valid.

    1. Can we file a new Cap Exempt H1B petition using expired I797 papers from the old petition and request an start date of March 2015, i think the answer is yes.
    2. If i dont get the H1 petition result by February or H1 petition is rejected prior to Feruary, can i file L1 extension and stay for 240 days.
    3. If say H1 petition gets approved in say April, will i have to revoke my L1 extension papers in order to remain in status.


    I have read a lot about the question, but have few followup questions, so posted them.
    Senior members please reply!

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