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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