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  • H4 to H1

    Hi ,

    I am currently on H4 visa in US and am trying to understand my options with respect to shifting to H1 visa. All my previous Visa and Petition statuses are as noted below.

    (1.) L1A ==> November 2006 to October 2009 (With employer A)
    (2.) L1A Extn ==> October 2009 to October 2012 (Approved and new I-94 received) (With employer A)
    (3.) H1B with CoS ==> Effective October 1 2010 to September 2012 (With employer B) (Never utilized)
    (4.) Left USA ==> 30-Sep-2010
    (5.) Applied for H1 stamping ==> Nov 2010 (Admin processing)
    (6.) Requested for cancellation of existing H1B visa application ==> September 2011 (No response on the ongoing H1 visa application) (No response received)
    (7.) Applied H4 visa ==> September 2011 (Approved)
    (8.) Came to USA ==> 13-Oct-2011 (More than a year outside USA)

    Can I apply for a new cap exempt H1B petition for the year 2011 using the validity on my old H1B petition ? If so will I have to go out of USA after September 2012 (Date when old petition expires) ? What other problems would I be likely to face if I follow this approach?

    Thanks in advance for sharing your valuable time and any answer would help me a lot.

    Thanks and Regards
    Ravi

  • #2
    H1B + L1 in total is for 6 years and only the time spend in U.S in either of these status counts against the 6 year period. So you do the math. If you haven't spend all 6 years in the previous H1B CAP, then any employer can file a new petition using that CAP and request an immediate start date. After completion of 6 year, you will have to spend 1 year outside U.S to get a fresh 6 year period. 7th year extension is possible only if PERM (G.C) is filed 365 days prior to the 6th year end or both PERM and I-140 gets approved before the 6th year end.
    Not a legal advice. Use of this information is strictly at your own risk.

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