Previously on H1B, now on L1A, can any consultant renew my H1B ?

[scghosh]

Hello,

I came to US on Mar 2004 on H1B and my H1B petition was valid till Oct 2006. In Oct 2006 instead of renewing H1B, my company filed for L1A which got approved in Oct 2006. On Dec 2006 I went to India and got my passport stamped with new L1A VISA and then came to US with L1A I94 number.

In this situation can any consultant file for my H1B renewal. Is this possible or I need to again apply for H1B in 2008 quota?

Regards
SC

[Subramanya]

H1 transfer

I came to US on Mar 2004 on H1B and my H1B petition was valid till Oct 2006. In Oct 2006 instead of renewing H1B, my company filed for L1A which got approved in Oct 2006. On Dec 2006 I went to India and got my passport stamped with new L1A VISA and then came to US with L1A I94 number.

In this situation can any consultant file for my H1B renewal. Is this possible or I need to again apply for H1B in 2008 quota?

---- If the 6 year period for your H1 has not expired then you may be eligible to apply for a renewal

---- The post indicates that you came to US in 2004 on H1B, but does not show the validity of your H1B, nor when it was approved. The forum members cannot assume any dates as it is your H1B

Subramanya

[scghosh]

Reply to Subramanya's question ...

Hi Subramanya,

Thank you so much for the reply.
Here is my details ....

1. My H1B petition was valid from 24-Jan-2004 to 8-Dec-2006.

2. I came to US on 24-Mar-2004 on H1B stamping.

3. In Oct 2006 instead of renewing H1B, my company filed for L1A which got approved in Oct 2006 and is valid from 23-Oct-2006 to 8-Oct-2009.

4. After that on 01-Dec-2006 I went to India and got my passport stamped with new L1A VISA and then came to US on L1A stamping on 10-Jan-2007.

I have following question ....

Given the above situation and the fact that at present I have L1A stamped in my passport, can any consultant renew my previous H1B as the 6 years period is not yet over w.r.t. my H1B start date as 24-Jan-2004 ?

Or my H1B is now invalid and I need to apply for fresh H1B in 2008 quota?

Regards and many thanks
SC

[waitin_toolong]

Based on the fact that your H1 was issued within the last 6 years, you are eligible to apply for H1 without being counted against cap. But while you can apply for COS to L1 you cannot work for H1 employer till you get an approval from USCiS.

[scghosh]

Thank you so much for such a quick reply.

Could you please explain me little bit more description. Please pardon my innicense here. Does it matter that I have L1A stamped from India? Can any company/consultant still file my H1B ?

Regards
Chandan