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How to do H1-B transfer for unused visa

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  • How to do H1-B transfer for unused visa

    Hello,

    I am working on L1-B visa for Company A since 2008. Company B applied for H1-B for me in 2009 and H1-B got accepted, but I didn't join company B and continue working on L1-B for Company A via COS (Change of Status). My questions is that now Can company C apply H1-B transfer for me based on 2009 H1-B visa or is there any other way I can use H1-B visa (2009 applied). Reason for this question is that Company C can't apply H1- B visa this year for me as cap has reached it's limit.

    Please let me know if any additional information is required.
    Thanks

  • #2
    Yes, they can file a cap-exempt petition. But you will only get a total of 6 years minus any time spent in the US in L1 or H1 status.
    This is my opinion and not legal advice.

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