Conversion of L1 to H1 - can i use Expired H1 pettion and not counted towards quota ?

Asked over 2 years ago - Peoria, IL

I am working in USA on L1 B from 1st October 2007 till present date, Company XYZ filled H1 B visa on 2008, but i never joined that company, as i never joined them , they did not send me copy of I797,although i have receipt number which they send me once my case come got select in lottery.Is it possibile that Comapany A can use my existing receipt number and file new H1 for me ? I went to outside US 4 time for 3-4 weeks trip after 2008 but maintaing valid L2 status since i came to USA. if it is possibile can i start work with Company A immidiatly once they get H1 approval or need to wait till October 2012? also is these kind of cases are common or USCIS will look these cases in Detail and there is more chance that i will get RFE and other question regarding why i did not join copany XYZ?

Attorney answers (3)

  1. Rebecca T White

    Contributor Level 15

    Answered . From what you have described you will want to file now for the October 1 start date. A full consultation with an immigration attorney will help you better understand the reasons and the risks of trying to use the unused H-1b for an earlier start date.

  2. Reza Athari

    Contributor Level 14

    Answered . Hire a good immigration attorney.

    Reza Athari
    Attorney at Law
    Certified Specialist - Immigration and Nationality Law
    State Bar of California - Board of Legal Specialization

    Main office: Las Vegas, Nevada
    Reza Athari & Associates, Pllc

    3365 Pepper Lane, Suite 102
    Las Vegas, NV 89120
    Telephone: (702) 727-7777
    Fax: (702) 458-8508
    Toll free: (800) 565-2030

    Barstow, California
    Reza Athari & Associates, Pllc

    309 East Mountain View Street, Suite 104
    Barstow, CA 92311
    Telephone: (760) 957-7220
    Fax: (760) 957-7396

    St. George, Utah
    Reza Athari & Lui, Pllc

    1036 East Red Hills Parkway, Suite D
    St. George, UT 84770
    Telephone: (435) 656-1136
    Fax: (435) 656-1145

    Salt Lake City, Utah
    Reza Athari & Lui, Pllc

    525 W 5300 S Suite 150
    Murray, UT 84123
    Telephone: (801) 262-LAW7
    Fax: (801) 281-9603
    If you have a SKYPE account, we may now video-conference or conduct a conference call on the computer from and to anywhere in the world for free. More information may be found at

  3. J Charles Ferrari

    Contributor Level 20

    Answered . No. You never used the H-1B before and therefor fall under to new quota.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,964 answers this week

3,100 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,964 answers this week

3,100 attorneys answering