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Change of status from L-1A to H-1B

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  • Change of status from L-1A to H-1B

    I wanted to check if there is a possibility of changing status from L-1A to H-1B without going thought the CAP if I had a H-1B before. Below are details of my situation.

    Worked for Company A from Sep 2002 to Mar 2011
    Company A filed for H1-B in 2004. Below is the duration spend in the US
    Travel through H1 (total 5.5 years)
    Nov-2004 - Mar-2005
    Feb-2006 - Nov-2008
    Dec-2008 - Mar-2011

    Resigned from company A in Mar 2011 and joined company B in India.
    Renewed Passport in July 2011
    Company B filed L-1A in Aug 2013.
    Oct-2013 - Present

    At this stage, If I want to move to another employer, do they need to apply for a fresh H-1B or can the old one be renewed / transferred. Please advise.
    P.S. Assume that GC via E-B1 is not an option.

    Thanks.

  • #2
    Originally posted by cheers@1 View Post
    I wanted to check if there is a possibility of changing status from L-1A to H-1B without going thought the CAP if I had a H-1B before. Below are details of my situation.

    Worked for Company A from Sep 2002 to Mar 2011
    Company A filed for H1-B in 2004. Below is the duration spend in the US
    Travel through H1 (total 5.5 years)
    Nov-2004 - Mar-2005
    Feb-2006 - Nov-2008
    Dec-2008 - Mar-2011

    Resigned from company A in Mar 2011 and joined company B in India.
    Renewed Passport in July 2011
    Company B filed L-1A in Aug 2013.
    Oct-2013 - Present

    At this stage, If I want to move to another employer, do they need to apply for a fresh H-1B or can the old one be renewed / transferred. Please advise.
    P.S. Assume that GC via E-B1 is not an option.

    Thanks.
    I dont think you can, if you use the previous H1, all L1+H1 tenure gets added, which crosses the 6 Year limitation.

    This is my opinion not legal advice.

    - - - Updated - - -

    Originally posted by cheers@1 View Post
    I wanted to check if there is a possibility of changing status from L-1A to H-1B without going thought the CAP if I had a H-1B before. Below are details of my situation.

    Worked for Company A from Sep 2002 to Mar 2011
    Company A filed for H1-B in 2004. Below is the duration spend in the US
    Travel through H1 (total 5.5 years)
    Nov-2004 - Mar-2005
    Feb-2006 - Nov-2008
    Dec-2008 - Mar-2011

    Resigned from company A in Mar 2011 and joined company B in India.
    Renewed Passport in July 2011
    Company B filed L-1A in Aug 2013.
    Oct-2013 - Present

    At this stage, If I want to move to another employer, do they need to apply for a fresh H-1B or can the old one be renewed / transferred. Please advise.
    P.S. Assume that GC via E-B1 is not an option.

    Thanks.
    I dont think you can, if you use the previous H1, all L1+H1 tenure gets added, which crosses the 6 Year limitation in your case as already 5.5 Years have been spent in H1 status.

    This is my opinion not legal advice.

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