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  • L1 to H1

    I have been on H1 Visa to US in past. Have used that H1 for couple of years before.

    I have been out of country then for more than 1 year.
    I am back on L1 now since 1 year.

    Now I need an H1 if I change the company.

    Few questions:
    1) Is L1 to H1 straight forward if new company does by new H1?
    2) If H1 cap is full. Can I re-open my old H1 with the new company?

  • #2
    Originally posted by dsanta View Post
    I have been on H1 Visa to US in past. Have used that H1 for couple of years before.

    I have been out of country then for more than 1 year.
    I am back on L1 now since 1 year.

    Now I need an H1 if I change the company.

    Few questions:
    1) Is L1 to H1 straight forward if new company does by new H1?
    2) If H1 cap is full. Can I re-open my old H1 with the new company?
    Your new H1 employer can utilize your old cap number to file a petition, they will need your previous H1 approval notice. But if total time spent in the US in H1 + L1 statuses is more than 6 years, you must go through new cap. I don't know if your past 1 year spent outside will count.
    This is my opinion and not legal advice.

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