Extension of expired H1

[prematho]

Hi,

I am currently on L1 (expires in Dec 2011) visa in US. I had an approved H1 petition in 2007 which was expired in Sep 2010.

Now If I want to change my status from L1 to H1, Is it possible to file for a H1 transfer using the expired petition?

Your answer will make lot of difference in the current times of getting new H1 petition approved new impossible.

Thanks in advance,
-TKV

[shervin143]

How much time have you used in that old H1B CAP? If you haven't used all 6 years in that CAP (H1B + L1 combined), then you can use that old H1B petition to file a new H1B now using the CAP from the old petition. Give your new employer a copy of the old petition.

[prematho]

I have not used H1B et all. I have entered on L1 and currently on L1 status only.
Given that 2010 H1B cap is reached recently, can I apply now before new cap opens in April 2011 for a new H1 using my old approved petetion?

[shervin143]

Yes. You will get 6 years minus time spent in L1 as the H1B term.

[prematho]

Forgot to tell one more point.
Before getting L1 visa stamped on my passport, I have got my H1B visa stamped when in India. (But not used it),
During my L1 visa stamping, my H1 Visa was cancelled without prejudice.

Does this make any difference to my new H1 B application using old CAP?

[kabkaba]

It will make no difference.

[prematho]

I got an offer in one company and their immigration team says since I did not work for my employer who filed H1 for me in 2007, I am not exempt from CAP.
Is this a valid argument?

Please help.

Thanks in advance...

[shervin143]

No. Ask them to consult a good immigration attorney.

I got an offer in one company and their immigration team says since I did not work for my employer who filed H1 for me in 2007, I am not exempt from CAP.
Is this a valid argument?

[prematho]

Another question....
If my new employer applies my COS from L1 to H1B, Can I work with the new employer using the receipt nummber or I need to wait till H1 petetion gets approved?

Thanks in advance

[shervin143]

The petition need to get approved and you can work for the H1B employer only from the H1B effective date. Until then your status will remain L1 and you should be employed with the L1 employer. Starting H1B effective date, you need to quit working for L1 employer and start with H1B sponsor.

Another question....
If my new employer applies my COS from L1 to H1B, Can I work with the new employer using the receipt nummber or I need to wait till H1 petetion gets approved?

Thanks in advance

[prematho]

Thanks for the quick response. I need to give atleast 1 week notice to my current employer. If I stay on with my current employer for a week after H1 effective date, Would it result in any issues in future/immediate?

[shervin143]

Any employment with the L1 employer after the H1B effective date will be considered illegal employment. Once your status changes to H1B, you should not work for the L1 employer. In order to overcome this issue, while filing the COS from L1 to H1B, people request a specific H1B effective date so that they know exactly when the H1B will become effective and they have the option to plan their notice period.

Thanks for the quick response. I need to give atleast 1 week notice to my current employer. If I stay on with my current employer for a week after H1 effective date, Would it result in any issues in future/immediate?