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Query regarding H1 transfer outside Cap

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  • Query regarding H1 transfer outside Cap

    Hi,
    Currently my L2 extension is pending with USCIS and my previous I94 has expired in December 2015.
    I had an H1 with a previous employer which got activated since July 4, 2010.
    I converted my H1 to L2 in 2011 (L2 approval notice - valid from 27th July, 2011).
    In between, I was out of US from 4th June, 2013 to 3rd January, 2015.
    So overall I have used my H1 only for 12 months and it can be used again within July 4 , 2016 (Please verify)

    Secondly, is H1 transfer possible in my scenario, if I get a job?

    Any information regarding any of these queries will be a great help.
    Thanks a lot in advance.

  • #2
    Originally posted by BGoswami View Post
    Hi,
    Currently my L2 extension is pending with USCIS and my previous I94 has expired in December 2015.
    I had an H1 with a previous employer which got activated since July 4, 2010.
    I converted my H1 to L2 in 2011 (L2 approval notice - valid from 27th July, 2011).
    In between, I was out of US from 4th June, 2013 to 3rd January, 2015.
    So overall I have used my H1 only for 12 months and it can be used again within July 4 , 2016 (Please verify)

    Secondly, is H1 transfer possible in my scenario, if I get a job?

    Any information regarding any of these queries will be a great help.
    Thanks a lot in advance.
    It might be possible but first you need to get back into status, without L2 approval your transfer to H1 would not be possible. The other way to get bac to H1 is to leave US, go for H1 stamping with new petition and enter US on H1 visa.

    This is my opinion not legal advice.

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