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I am on L1A now, can i use my expired H1B

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  • I am on L1A now, can i use my expired H1B

    Hello Expert,

    I am on L1A now (entered into US on 6/6/10). I had H1B which got expired on Aug 2010, which i never used or travelled on H1b to US.

    Can i still use my H1B petition instead of applying in 2011 new cap.

    Will the L1A period is counted while i am on US and deducted from the H1B 6 years period.

    Till how long i can stay on L1A and can make use of the H1B petition, will that have any expiry period.

    Regards,
    Ramana.

  • #2
    I am on L1A now (entered into US on 6/6/10). I had H1B which got expired on Aug 2010, which i never used or travelled on H1b to US.
    Can i still use my H1B petition instead of applying in 2011 new cap.
    >>> You cannot use the expired H1B petition. But you can use the CAP from that petition to file a new petition under the same CAP (instead of waiting until April to file on a new CAP).

    Will the L1A period is counted while i am on US and deducted from the H1B 6 years period.
    >>> Yes. L1 + H1B = 6 years.

    Till how long i can stay on L1A and can make use of the H1B petition, will that have any expiry period.
    >>> Not sure what you are trying to ask. You can work in L1A as long as the petition is valid. The max period that you can stay in L1A is 7 years.
    Not a legal advice. Use of this information is strictly at your own risk.

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