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**raghvi** · 08-04-2014, 12:37 PM

Originally posted by sahilk View Post

Dear Members,

I was issued an H1B visa in Jan 2009 which got expired in Sep 2011. I worked on the H1B visa for 1 year (Jan 2009 - Jan 2010). I was in India from Jan 2010 - Jan 2014 and now i am back in US from Jan 2014 on an L1B Visa.

Is it possible for me to change my job and work on an H1 B Visa. If yes, what are things i need to do for it. Also, for how long would my H1B visa be valid? It will be 6 years in Dec 2014 since my H1B was issue to me. Is it even a factor?

Looking forward to a reply!

Thank you in advance!

S

Technically you can use the previous H1 petition to claim cap exemption till Sep 2017, 6 Years from last held H1 status.

You first need to find a H1 sponsor, and provide them a copy of the earlier approved H1 petition. This will help in them filing a cap exempt H1 petition of their own. Once that is approved with a new I797/I-94, then you must work and get paid with the new employer.

Also, you would be eligible for 6 Years Minus time spent in earlier H1 + Current L1 status. Seems you have already spent 1.6 years on L1+H status so, you would be eligible for 4.5 Years of H1.

This is my opinion not legal advice.

**sahilk** · 08-08-2014, 03:51 PM

Thanks raghvi!

How can i find an H1 sponsor? Sorry if this is an obvious question. Since i already had an H1 would my employer have to incur any cost? When i interview what do i tell them? Is it easy to find a H1 sponsor?

How much time does it typically take to file for cap exempt H1 petition? How soon can i realistically start working on an H1B visa?

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