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Unused expired H1b want to change status from L1B to h1

Covington, KY |

I have been working for an employer A since last 8 years. I am inside the US on a L1B visa through employer A from (Nov-2007-June 2013) and also will be completing 5 yrs on L1.So my employer A have decided to apply H1 for me in 2014 CAP, so that I can go back to India and again have to come in Oct.but I have an unused expired H1b petitions for 2009 CAP which got expired nov-2012 from employer B.
Can I ask my employer A to use that unused expired H1b petitions from employer B to apply for CAP-EXEMPT H1B for an immediate start after June because I don’t have any visa to stay after June 2nd.

Any help is really appreciated !

Attorney Answers 3

Posted

If you actually worked for the H1B employer then yes.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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4 comments

Asker

Posted

I have never worked for the employer so that is unsed.Can I use that h1 for my employer for whom I have been working since last 8 yrs.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No, you cannot use this for CAP purpuses.

Asker

Posted

So I have to apply a new h1 for 2014 cap?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

yes. sorry

Posted

To be cap-exempt, you must have been in H-1B STATUS within the last six years. Your posting indicates you were not.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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1 comment

J Charles Ferrari

J Charles Ferrari

Posted

Additionally, an H-1B will be limited to whatever remains of six years after deducting the time you have spent on L-1 status.

Posted

Given the complexity of your situation and the potential consequences, you will need to consult with experienced local counsel to obtain the best answer. Best of luck.

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