H1B Cap Exmpt

[vishal27580]

Hello Friends,
Please advise.

I am in US on L1B
Got my H1B petition is approved in 2013 under consular processing and it got expired in January 2014.
I did not go for H1B visa stamping. I am in US on L1 Visa status for 3 years.

Can someone re-file my h1B under Cap Exemption / Change of status?

Is it going to be re-filing or amendment?

Thank you

[vishal27580]

Please guide

[ascendas]

Yes you can get a CAP exempt H1B .

You will have to apply for a new petition based on the old petition and this can be done any time before 2019 ( 6 years from your first H1 petition ) .

File it in premium mode and entire process can get over in 3-4 months and u can schedule your H1 interview !

Good luck .

[vishal27580]

Thanks for reply but I am just wondering why it will take 3 to 4 months in premium processing. As far as I know in premium processing they take 2 to 3 weeks

[raghvi]

Well 2-3 Weeks if you have already found an employer, they have already filed your LCA and it has been approved and they have already filed your H1 COS and you have received the receipt. The 15 day clock will start from the receipt generation date.

This is my opinion not legal advice.