I have an approved H1B petition & visa stamped on my passport . Issue Date = 16 Nov 2006 Expiry Date = 19 Sep 2009 I never traveled on this visa & was in India all throughout . No I - 94's stamped as part of this visa In 2010 an L1B was filed by another firm & I traveled on that visa to US & am currently in US with them on this visa Issue Date = 14 Oct 2010 Expiry Date = 19 Sp 2012 I am looking forward to work on H1B . I have following questions in my mind : - Can I use my old H1B petition & get transferred to H1B status - If yes , will the Annual cap be applicable to this scenario / not - Is there any time - based restrictions on this renewal / transfer wherein I can perform this renewal only within 6 yrs of issue date of my old H1B - How long will this procedure take
If you never used the old H-1B you have to apply for a new one and be CAP subject. Any time spent in the US on an L-1B must re deducted from the 6 year maximum of the H-1B. To apply for an H-1B usually takes 4-5 months or if you pay extra and use the premium processing option it takes 15 days.
I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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I agree with Calehr. Definitely consult with a local immigration lawyer. I’m sorry, but my firm only handles personal injury cases.
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