L1 to H1B - (never worked on H1B)

[ukkumar_a]

Hello,

I'm currently working on L1B visa. I also hold a valid H1B approved notice which I never worked on it.

I recently got a offer from India based US company. When I submitted my documents to process my L1B to H1B they said my existing H1B will come under CAP as I never worked on H1 and they cannot process it now as the H1B reached its maximum on Jan 26,2011.

They suggest me to work with them as a contractor but my H1B employer is no longer operating.

I'm sincerely looking for a H1B employer who can either transfer my existing H1B or file a new H1B for FY 2011/12.

Your answers will make a lot of difference at this point of time to me.

Thanks
-UA

[shervin143]

As long as you have an approved H1B petition, you are CAP counted and you can use that petition file a new H1B petition with a different employer using the same CAP (assuming you haven't spend 6 years in that CAP - H1B + L1 combined).