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Cap-Exempt L1B to H1B

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  • Cap-Exempt L1B to H1B

    I had an old H1B petition and stamped visa both of which expired on 23 Feb 2006 . I travelled on that visa in June 2004 and went back to India in Dec 2005 . I then travelled on an L1B visa in Mar 2007 and am in USA now . My L1B visa will expire in feb 2009 . I was informed by a friend that an employer can file for a new H1B any time and that my case will be cap-exempt by virtue of my old expired H1B visa . Is this true ?
    If yes , then what is the process for the same ?
    Updated-
    After reading various posts , I think I can use the remainder option . But would my current work on L1 count towards the remainder option ?
    Last edited by sandy175; 08-14-2008, 03:13 AM.

  • #2
    No.

    Comment


    • #3
      You have a total of L+H term of 6 years.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Originally posted by txh1b
        You have a total of L+H term of 6 years.
        Thanks txh1b, have some more questions . Read a lot of posts but did not find answers.
        1) If I apply for H1 will I have to wait till Oct 1 to work . I think not since my case is cap exempt . Pls confirm
        2) How do I ensure that the employer files for my H1 without COS ?
        3) After filing for COS how will I come to know that I can work for the new employer who has filed for my H1 ?
        Last edited by sandy175; 08-15-2008, 03:27 AM.

        Comment


        • #5
          1. You have to work as soon as the COS to H1 gets approved.
          2. You just have to tell them. It is a matter of having the right boxes checked on I129.
          3. When the approval status changes online, you should quit L1 employer immediately as it is illegal to work on L1 after COS approval.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Originally posted by txh1b
            2. You just have to tell them. It is a matter of having the right boxes checked on I129.
            3. When the approval status changes online, you should quit L1 employer immediately as it is illegal to work on L1 after COS approval.
            Hi txh1b,
            Some questions regarding your answer
            1) Assuming H1B is applied without COS . After some time I want to join the new employer . How much time will it take for COS approval after H1 petition is approved ?
            2) I have applied for L1 extension ( L1 expires 15 Feb 09 ) . Will this have any effect on the H1 processing ?

            Thanks,
            Sandy
            Last edited by sandy175; 09-02-2008, 07:47 PM.

            Comment


            • #7
              Hello TxH1B,

              I'm not able to understand your statement "When the approval status changes online, you should quit L1 employer immediately as it is illegal to work on L1 after COS approval."

              I'm on L1B visa in the US and working for company A. I applied for H1B through company B this year. H1B was applied with COS. My H1B got approved on Aug 23 2008.

              Is it that I need to quit company A now asap or can I wait till Sept 30 2008 and then quit company A and join company B ?

              Please let me know. I'm confused.

              Comment


              • #8
                Read that as after effective date of COS i.e Oct 1st.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  Originally posted by txh1b
                  3. When the approval status changes online, you should quit L1 employer immediately as it is illegal to work on L1 after COS approval.
                  Hi txh1b,

                  I have one clarification to ask from you
                  Is there a risk that the approval status online does not change on the actual date of approval and gets changed a few days later ?
                  Also is there any way of knowing the date when the approval for COS will happen like any date listed on the I-797 ?
                  Is it better to apply for H1b without COS and then have COS later ? Better in the sense of knowing when to move to the new job based on date of approval .

                  Comment


                  • #10
                    Online status cannot be relied upon. COS is not a good option now or later as you can never know when it will get approved. I would rather suggest a third country H1b visa stamp rather than a COS for L1-H1b shifts.

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      Originally posted by txh1b
                      Online status cannot be relied upon. COS is not a good option now or later as you can never know when it will get approved. I would rather suggest a third country H1b visa stamp rather than a COS for L1-H1b shifts.
                      Thanks txh1b , I have one more question

                      I was previously on H1b from Jul 04 - Dec 05 and went back to India and stayed there for more than 1 year and came back to USA in April 07 on L1b . My H1b expired in Jan 06.
                      If some company applies for my h1 under remainder option then will my H1b be valid for another 6 years ( since i worked in India for more than 1 year ) or remainder period .
                      Last edited by sandy175; 09-10-2008, 07:28 PM.

                      Comment


                      • #12
                        Originally posted by sandy175
                        If some company applies for my h1 under remainder option then will my H1b be valid for another 6 years ( since i worked in India for more than 1 year ) or remainder period .
                        No. You will just have the remainder portion unless you went for a new quota. The L1 period also counts towards it.

                        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                        Comment

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