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

Asked almost 2 years ago - 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)

  1. Mani Khavajian

    Contributor Level 16

    Answered . 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.
  2. Daniel P. Hilf

    Contributor Level 15

    Answered . 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.

  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  4. Chong Hae Ye

    Pro

    Contributor Level 15

    Answered . 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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