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I am working for company A from 2007. I got one H1B petition from Company B in 2010 which got expired in MARCH 2011. I have not used that CAP at all.
I am currently in US through Company A on L1A Visa from March 2013. (from 3yrs 3 months ).
As I cannot switch from L1A, I would like to use my old unused H1B. So I am planning to find any employer who is ready to use that old H1B petition and file it as CAP EXEMPT.
Now, given my above case, I have few questions like below on this situation:
(1) I assume that technically I should be able to switch my employer using the unused H1B under CAP EXEMPT
(2) If point#1 is true, then will I get all 6 years as I have not used H1B cap at all or will my stay on L1A also will be accounted and then I wil get only the remaining time like in above case it will get only 2yrs 9 months?
(3) If I do get the H1B through CAP EXEMPT, will I loose my L1A status immediately or only after I join the new EMPLOYER.
Will really appreciate if you can help me with the above 3 questions.
I am currently in US through Company A on L1A Visa from March 2013. (from 3yrs 3 months ).
As I cannot switch from L1A, I would like to use my old unused H1B. So I am planning to find any employer who is ready to use that old H1B petition and file it as CAP EXEMPT.
Now, given my above case, I have few questions like below on this situation:
(1) I assume that technically I should be able to switch my employer using the unused H1B under CAP EXEMPT
(2) If point#1 is true, then will I get all 6 years as I have not used H1B cap at all or will my stay on L1A also will be accounted and then I wil get only the remaining time like in above case it will get only 2yrs 9 months?
(3) If I do get the H1B through CAP EXEMPT, will I loose my L1A status immediately or only after I join the new EMPLOYER.
Will really appreciate if you can help me with the above 3 questions.
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