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L1 to H1 - delayed

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  • L1 to H1 - delayed

    Hi,

    1. I have been in US from Apr 07 to Sep 08 on L1 from company A
    2. I got H1 approved in 2008 with COS from company B which I havnt used as I came to India in sep 08.
    3. I am going back to US now on L1.

    In future I plan to join a company C using H1. I think C has to apply for a petition and show that I am cap counted in 2008.

    Question:
    My H1 is valid from till Oct 2011.
    1. So Can C do this for me any time before Oct 2011 or is there a time restriction ?
    2. Can C do this in 2012 also ?
    3. What can I do to have this H1 for me in 2012 ?

    Thanks.
    PS: I am planning on part-time education, hence I cannot afford to be out of visa during the program, hence this question.

  • #2
    1. As long as you have not used the 6 years from H1b and L1, they can do it.
    2. Yes
    3. Find an employer that can transfer.

    Do not pay for H1b and find a good employer that will pay you at all times. That is the law.

    Is C such a forward looking company that it is looking at employees they need to have in 2012? Wow, I am impressed.

    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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