H1b from employer A expired, Employer B applying visa under cap exempt. Questions?

[praneethgaddam]

Hi friends, i have few questions regarding my expired visa\ visa applying under cap exempt , please help with below questions.

H1B Visa expired on september 2011. I got this H1 applied from employer A in us(visa got stamped), I never used H1 and no contacts with this employer A.

I am now in US on L1B from employer B from 2009 may - 2010 april and from 2011 july till date (total 27 months on L1) now i am on 194(L1) valid till dec 2014.

Questions:

1. can my Employer B apply H1 B for me under cap exempt quota?

2. Employer B require any documents from Employer A to apply this Visa?

3. What all documents required from expired visa to apply visa under no exempt( i have I797 and stamping on old passport)?

4. Do my employer need to apply for Change of status along with H1 under no exempt quota?

5. If i get approval do i need to travel back to India get stamped and return to us or continue working?

6. What are chances of approval in cap exempt case compared to normal cap ?

7. any specific time for applying visa under cap exempt quota? or specific time for start working on that visa?

8. Once applied under cap exempt quota, how much will it take to get status(approval or other?)

9. As Employer A not available, will it cause any issues for visa approval?

10. Any other precautions\necessary actions in my scenario?


Thanks in Advance

[kabkaba]

Hi friends, i have few questions regarding my expired visa\ visa applying under cap exempt , please help with below questions.

H1B Visa expired on september 2011. I got this H1 applied from employer A in us(visa got stamped), I never used H1 and no contacts with this employer A.

I am now in US on L1B from employer B from 2009 may - 2010 april and from 2011 july till date (total 27 months on L1) now i am on 194(L1) valid till dec 2014.

Questions:

1. can my Employer B apply H1 B for me under cap exempt quota?
-- Yes

2. Employer B require any documents from Employer A to apply this Visa?
-- A copy of the receipt or approval notice or at the very least petition receipt number. (You should have this since you applied for Visa using that petition)

3. What all documents required from expired visa to apply visa under no exempt( i have I797 and stamping on old passport)?
-- Nothing different

4. Do my employer need to apply for Change of status along with H1 under no exempt quota?
-- They don't have to include change of status.

5. If i get approval do i need to travel back to India get stamped and return to us or continue working?
-- No. If change of status is applied and approved, you can work in H1 status. If not you can continue in L1 status. Both allow work authorization.

6. What are chances of approval in cap exempt case compared to normal cap ?
-- No difference.

7. any specific time for applying visa under cap exempt quota? or specific time for start working on that visa?
-- withing 6 years from previous H1 petition expiry.

8. Once applied under cap exempt quota, how much will it take to get status(approval or other?)
-- 2 to 3 months regular, 15 days premium. Same as any other.

9. As Employer A not available, will it cause any issues for visa approval?
-- No

10. Any other precautions\necessary actions in my scenario?
-- If you have dependents in L2 status, they must apply to change to H4 if your petition includes COS.

Thanks in Advance

See above.

[praneethgaddam]

H1b from employer A expired, Employer B applying visa under cap exempt. Questions?

Thank you kabkaba for clarifying.

I Have one more question regarding dependent, now dependents are in india. Can i bring my wife to US while on I94? Can i bring her once H1 is approved?

If no, What is my option to bring her here?

Thanks,
Praneeth

[kabkaba]

Your wife can apply for her H4 Visa any time as long as you are in H1 status.

[praneethgaddam]

H1b from employer A expired, Employer B applying visa under cap exempt. Questions?

Your wife can apply for her H4 Visa any time as long as you are in H1 status.

Thanks alot Kabkaba. Just to clarify H1 b approval on cap exempt quota also considered as H1 status correct? with out stamping.

Thanks again for all your help.
Praneeth

[kabkaba]

Yes, if your latest I-94 is H1, your status is H1.

[praneethgaddam]

Yes, if your latest I-94 is H1, your status is H1.

. Thank you kabkaba for all Your help .