Appling cap-exempt H1B with a unused but valid H1B petetion

[Sarath Reddy Gowkanapalli]

Hi,
My H1B is approved this year and is valid till sep 2014. I am on L1A right now and my wife on L2 EAD working . We both are working for same employer.

I cant change to H1 this year as my wife has to move to H4 and will lose her job. I am trying to apply H1 for her in 2014.

so the question is

Can i apply for new cap-exempt H1B in 2014 ? ( Note that my this year H1B is unused but still valid)

you may have the doubt that , Why not just apply H1 her in 2014 and i can use the existing petition? Well i cant do that as I have to be on L1A( in order to keep her on L2 EAD) until her H1 kicks in which would be Oct 2014. But that time my H1B petition becomes expired.

Any suggestions please?

[raghvi]

Hi,
My H1B is approved this year and is valid till sep 2014. I am on L1A right now and my wife on L2 EAD working . We both are working for same employer.

I cant change to H1 this year as my wife has to move to H4 and will lose her job. I am trying to apply H1 for her in 2014.

so the question is

Can i apply for new cap-exempt H1B in 2014 ? ( Note that my this year H1B is unused but still valid)

you may have the doubt that , Why not just apply H1 her in 2014 and i can use the existing petition? Well i cant do that as I have to be on L1A( in order to keep her on L2 EAD) until her H1 kicks in which would be Oct 2014. But that time my H1B petition becomes expired.

Any suggestions please?

Firstly was your L1 to H1 applied as COS? And if it is approved, did you get a new I-94 associated with it?
If YES then you would automatically move to H1 status from 01-Oct-2013 unless you leave US before 01-Oct-2013 and re enter on your L1A visa after 01-Oct-2013.
If NO then yes you can apply as cap exempt H1B anytime later on.

This is my opinion not legal advice,

This is my opinion not legal advice.

[vidyanne]

Question regarding unused expired H1B

Firstly was your L1 to H1 applied as COS? And if it is approved, did you get a new I-94 associated with it?
If YES then you would automatically move to H1 status from 01-Oct-2013 unless you leave US before 01-Oct-2013 and re enter on your L1A visa after 01-Oct-2013.
If NO then yes you can apply as cap exempt H1B anytime later on.

This is my opinion not legal advice,

This is my opinion not legal advice.

Hi

My husband has an H1b (COS) which is unused and will expire in Dec 2015. (We went out of US before October and came back with a fresh L1A)

If he does not move to H1B this year before December, will be be cap exempt when he applies for a new H1B?

Thanks
Vidya

[raghvi]

Hi

My husband has an H1b (COS) which is unused and will expire in Dec 2015. (We went out of US before October and came back with a fresh L1A)

If he does not move to H1B this year before December, will be be cap exempt when he applies for a new H1B?

Thanks
Vidya

He would be considered cap exempt for 6 Years from initial H1 filing year. Also, to keep in mind is that H1+L1 can at max be for 6 Years.

This is my opinion not legal advice.