Expired H1B with no stamping - L1B to H1B transfer with cap exempt

[zample10]

Hi,
I have an approved H1 petition with the following details
Petitioner: Employer A
Case type: I129
Notice Date: September 29, 2008
Petition Validity: October 1 2008 until August 28 2011
Class consulate: H1B Chennai

I have not used this petition and visa was not stamped for this petition. I have currently travelled to US on Employer B on L1B visa and am here for past 1 year ( jan 2012 - till date feb'13)

1. Can I use the expired petition to apply a new H1B exempt of cap FY2014 or
2. Can i use that to start a immediate work date visa (pardon my lack of using proper terminology), either through Employer B (current) or Employer C (a new employer).

Appreciate your help in this regard. Thanks

[binoca82]

Yes, you are cap exempt. Any H1 employer can process a COS from L1 to H1, requesting immediate start date. Upon approval, you can start working for the H1 employer.

[raghvi]

Yes, any employer can file a cap exempt petition for you. Once L1 to H1 COS is approved you should work only for the H1 employer and must get paid in order to maintain H1 status. If you file L1 to H1 and later decide not to join the H1 employer, in order to return to L1 status you will have to leave US and return on the L1 visa.

This is my opinion not legal advice.

[zample10]

Thanks Binoca82 and Raghvi,

I have one more question.
Q1. My H1 was applied through "Consular Process", i.e., while I was in India.
-Would this mean the process would be different from the regular COS from L1 to H1?

Q2. Since I am working on L1 and I would need 2-4 weeks notice for getting relieved of my duties from the L1 employer.
-What would be the timeline for L1 to H1 transfer ?
-In case of successful approval of H1 petition, do I need to cease work on the day of approval?
-Is there any time period for the change from L1 employer to H1 employer acceptable by USCIS?

Thanks..

[binoca82]

If your H1 was approved for consular processing, you need to leave US, get H1 stamped and return to US. Then only your status will change to H1 and can join H1 employer.

[hunterz]

Expired H1B with no stamping - L1B to H1B transfer with cap exempt

Thanks Binoca82 and Raghvi,

I have one more question.
Q1. My H1 was applied through "Consular Process", i.e., while I was in India.
-Would this mean the process would be different from the regular COS from L1 to H1?

Q2. Since I am working on L1 and I would need 2-4 weeks notice for getting relieved of my duties from the L1 employer.
-What would be the timeline for L1 to H1 transfer ?
-In case of successful approval of H1 petition, do I need to cease work on the day of approval?
-Is there any time period for the change from L1 employer to H1 employer acceptable by USCIS?

Thanks..

Hi zample10,

I am exactly in similar situation as yours, can you please share your experince on how did your l1b to h1b COS went ?

Thanks.

[vandaro]

Expired H1B with no stamping - L1B to H1B transfer with cap exempt

Hi All,

I have similar situation but slightly different. May be interesting.
I had an approved H1 petition with the following details
Petitioner: Employer A
Case type: I129
Notice Date: July 29, 2006
Petition Validity: October 1 2006 until September 30 2009
Class consulate: H1B Chennai

But the key difference is my visa stamping got refused and I got 221(g) form and then never heard back from them and the petition expired in Sep 2009 which left unused.

Meanwhile, I have currently travelled to US on Employer B on L1B visa and am here for past 2.5 years ( Jan 2011 - till date Sep'13). I have not yet exhausted my 5 years stay. I have completed 2.5 years out of it and I am currently in US.
I have similar questions like zample.
1. As my H1-B petition was too old and expired in Sep 2009, can I use that expired petition to apply a new H1B COS (L1b to H1b with Employer C) exempt of cap FY2014 or
If yes then,
2. What would be the timeline for L1 to H1 transfer ?
3. In case of successful approval of H1 petition, do I need to cease work on the day of approval?
4. Is there any time period for the change from L1 employer to H1 employer acceptable by USCIS?

Appreciate your help in this regard as I am sick of my current Employer B and can not wait till next cap to open in April 2014 and start work from Oct 2014.

Thanks,
Vandaro

[Nattybone]

Hello, Vandaro.

My personal opinion, i am not a Immigration professional.

For being able to recapture H1B, one needs to be on H1B in the last 6 years. There are threads on this forum on the subject. To me, you seemingly would not be able to use this H1B.

Again, personal opinion.

Wish you luck.

Cheers,

Hi All,

I have similar situation but slightly different. May be interesting.
I had an approved H1 petition with the following details
Petitioner: Employer A
Case type: I129
Notice Date: July 29, 2006
Petition Validity: October 1 2006 until September 30 2009
Class consulate: H1B Chennai

But the key difference is my visa stamping got refused and I got 221(g) form and then never heard back from them and the petition expired in Sep 2009 which left unused.

Meanwhile, I have currently travelled to US on Employer B on L1B visa and am here for past 2.5 years ( Jan 2011 - till date Sep'13). I have not yet exhausted my 5 years stay. I have completed 2.5 years out of it and I am currently in US.
I have similar questions like zample.
1. As my H1-B petition was too old and expired in Sep 2009, can I use that expired petition to apply a new H1B COS (L1b to H1b with Employer C) exempt of cap FY2014 or
If yes then,
2. What would be the timeline for L1 to H1 transfer ?
3. In case of successful approval of H1 petition, do I need to cease work on the day of approval?
4. Is there any time period for the change from L1 employer to H1 employer acceptable by USCIS?

Appreciate your help in this regard as I am sick of my current Employer B and can not wait till next cap to open in April 2014 and start work from Oct 2014.

Thanks,
Vandaro

[johnnyhero2]

L1 to H1 cap exampt COS is approval timeline

Yes, any employer can file a cap exempt petition for you. Once L1 to H1 COS is approved you should work only for the H1 employer and must get paid in order to maintain H1 status. If you file L1 to H1 and later decide not to join the H1 employer, in order to return to L1 status you will have to leave US and return on the L1 visa.

This is my opinion not legal advice.

Ragvi,

Am in the same situation my L1b going to exp on 10/21 and i havent filed the cap-exampt H1b.what exactly the immi start date.
While applying H1b cap-exampt COS can we mention i would be working on H1b from 10/22.
My L1B has notice period of 15 days.

Please guide me what would be the best time to apply.

Thanks,
Johnny

[debdeep]

L1B to H1B COS

Hi zample10,

I am exactly in similar situation as yours, can you please share your experince on how did your l1b to h1b COS went ?

Thanks.

Hello hunterz,

Were you able to transfer to H1B successfully? I am also on the same boat and would like to know your expereinces.

Regards,
D