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L1 to H1 on Old H1

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  • L1 to H1 on Old H1

    I came to US on H1 with employee company X, after 3 yrs when my H1 was due for extension my employer applied for COS and got L1 for me as he was unable to extend H1 due to some reasons. It has been 3 months since I have L1.
    Now I have another job offer with company Y, can company Y apply for COS and H1 transfer and get me back on H1 sponsored by company Y or if there is some other way I can use by old H1 to switch the job to company Y.
    If yes how long it takes for the transfer and COS (in case I file premium) and what is the risk involved.

    At the time I was getting H1 to L1 I spoke to an attorney and he said its possible to get back on H1 if you haven't exhausted the 6 yr limit for H1 and you will exempt from the Quota.

    Please advice ASAP
    Lalit.

  • #2
    Possible. Read the FAQs and couple of posts on the forum in the appropriate section.

    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.

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    • #3
      Thanks txh1b, I tried searching FAQ for change of status none of the case shows how can I use old H1B, if you could please point me to the correct FAQ or thread or if you could advice me on how to proceed on this, it would be of gr8 help.

      Thanks
      Lalit

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      • #4
        If you have time left in your 6 year period from L+H status combination, all you need to get back on H1b is to have an employer file for the petition providing proof that you were actually in the cap count earlier. No different than any other H1b process.

        Search for the word "remainder" on the FAQ or the forum.

        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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