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Active L1A, expired H1B - Can I renew & transfer H1B?

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  • Active L1A, expired H1B - Can I renew & transfer H1B?

    I got my H1B stamped in Oct'06 from Employer A - but due to medical reasons, could never travel to US on that visa.

    In Oct'09, Employer B processed my L1A, and am working with them in US since then.

    Now I plan to move to Employer C, and am wondering if the new employer can renew & transfer my H1B visa and does it fall under the yearly quota, or will they have to apply fresh next year?

    Additional Details:
    I have a B1/B2 visa valid till Feb'15, and have traveled to US on that visa 3 times (feb-may'05, mar-jun'06, mar-jun'09)
    Last I went to my home country was in Feb'12

  • #2
    Originally posted by aagarwal8 View Post
    I got my H1B stamped in Oct'06 from Employer A - but due to medical reasons, could never travel to US on that visa.

    In Oct'09, Employer B processed my L1A, and am working with them in US since then.

    Now I plan to move to Employer C, and am wondering if the new employer can renew & transfer my H1B visa and does it fall under the yearly quota, or will they have to apply fresh next year?

    Additional Details:
    I have a B1/B2 visa valid till Feb'15, and have traveled to US on that visa 3 times (feb-may'05, mar-jun'06, mar-jun'09)
    Last I went to my home country was in Feb'12
    It might be already 6 years, you have to see the old H1 petition dates to determine that. Till when is your current L1A stamping and associated I-94 valid?

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    • #3
      Originally posted by raghvi View Post
      It might be already 6 years, you have to see the old H1 petition dates to determine that. Till when is your current L1A stamping and associated I-94 valid?
      my visa & i-94 are valid till 2012-09-14
      isn't the 6 year limit applicable to the duration one has stayed/worked in the US - which in my case would be only 3 years?

      Comment


      • #4
        Originally posted by aagarwal8 View Post
        my visa & i-94 are valid till 2012-09-14
        isn't the 6 year limit applicable to the duration one has stayed/worked in the US - which in my case would be only 3 years?
        I doubt it. You are subject to the cap as you never used the H1 visa. This is my opinion not legal advice.

        Comment


        • #5
          Similar situation - can you comment on this one as well pls..

          Originally posted by raghvi View Post
          I doubt it. You are subject to the cap as you never used the H1 visa. This is my opinion not legal advice.
          I had a H1B with the following details
          Approved in 2005
          Stamped and Travelled to US in 2007 Dec
          Renewed/extended till July 2010 in May 2008
          Returned to India in June 2010 - no extension applied - stayed in US for 30 months
          H1 Expired on July
          Stayed in India from July 2010 till April 2012
          Returned to US on L1A

          Question:
          Can a prospective employer file a CAp Exempt H1B for me now?
          How long will it be valid - I would have spent 30+8 months in last 5 years witha break of 20 months in between the two

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