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  • H1b cap related

    Hello,
    In company ABC, I had my L1B and during the end of 4th year in US, I got it upgraded to L1A and utilized close to 6.5 yrs in US continuously and exited US during sep 2014. I also had H1B consular approval ( but no change of status ) processed by XYZ company and valid until 2013. due to some reasons I didn't utilize H1.
    Now its more than one year since I moved out of US. I am applying L1A again. If for some reasons my L1A gets screwed up, I would like to utilize the H1 that was unused. the questions are,
    1. Though the consular approval expired , I heard thru attorneys that I can still file H1 without falling under the lottery as I am already under the cap due to the previous approval. Is this true?

    2. If the answer is YES for the above question, can I transfer the H1 from XYZ to ABC company?

    Any suggestions here will help.

  • #2
    You are CAP exempted since you have an approved H1B and you can transfer to a different employer. But the issue here is different. The total time that you can spend in U.S in L1 + H1B combined is only 6 years (Unless you have a approved I-140 to extend the H1B beyond the 6th year). In you case, you have already spent more than 6 years. So a H1B transfer is not possible.

    Originally posted by kannan.2208 View Post
    Hello,
    In company ABC, I had my L1B and during the end of 4th year in US, I got it upgraded to L1A and utilized close to 6.5 yrs in US continuously and exited US during sep 2014. I also had H1B consular approval ( but no change of status ) processed by XYZ company and valid until 2013. due to some reasons I didn't utilize H1.
    Now its more than one year since I moved out of US. I am applying L1A again. If for some reasons my L1A gets screwed up, I would like to utilize the H1 that was unused. the questions are,
    1. Though the consular approval expired , I heard thru attorneys that I can still file H1 without falling under the lottery as I am already under the cap due to the previous approval. Is this true?

    2. If the answer is YES for the above question, can I transfer the H1 from XYZ to ABC company?

    Any suggestions here will help.
    Not a legal advice. Use of this information is strictly at your own risk.

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