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1. L1 B to H1 ( unused ) to L1A - Cap exempt ? 2.Validity ? L2 to GC?

Troy, MI |

1. I was in USA from 2005 thru 2010 on L1 B visa when my extenstion was denied ( had spent 4.2 years in USA ) . I went back to India in Sept 2010 . I applied for new H1B under CAP quota that year in 2010. I got it approved in Feb 2011 but did not get it stamped .( was valid until apr 2012 ) . I applied for new l1A in march 2012 ( spent 1 year outside US ) and got it approved until March 2015 . travelled to US on L1 A in April 2012 . Now my question is if I want to change my remployer , Can I use my unused H1 under cap exempt ? If yes , will the new employes be able to claim all 6 years on h1 or just 1.5 years ( as the initial validity - it added only 1.5 years because I had not spent 1 year outside US when h1 was applied )

2.Can an employer file GC for a person on L2 ( EAD

Attorney Answers 4

Posted

I must first point out that it is difficult for anyone to give you case-specific information on an internet blog. For the best advice, you need to have a consultation with a lawyer that can review your paperwork.

1. Yes, maybe.
2. Yes.

franco@capriotti.com

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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I appreciate your response! thanks

Posted

I agree with my colleague. Speak with an immigration attorney.

The information on this website is not intended to be legal advice.

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Appreciate it !! thanks

Posted

Contact and consult with an immigration attorney. Your question cannot be properly answered in this forum.

This is general information and not legal advise. This communication does not create a lawyer-client relationship.

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thanks for the info !

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Sufen Hilf is an experienced employment based lawyer, who is located in the same city that your question is posed from (Troy, Michigan). You can contact her at (248) 792-2590, or visit her website at the link provided below.

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Thanks for the info !

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