L1 to H1 COS- Need information

[sri111]

My friend have filed for H1 in 2006 and went for Stamping. got refused!
Now he is on L1 in US .

1.is there any way, can he use his old h1 petition now for COS L1 t H1?

2.if possible , what is the procedure?

3. Can he find new employer and use that old petition for COS(L1 to H1) or he has to go with old employer who filed that old petition?

Please Advise

thanks
Sri

[shervin143]

1.is there any way, can he use his old h1 petition now for COS L1 t H1?
>>> That petition cannot be used if it has already expired. However, a new petition can be filed as a COS from L1 to H1B using that CAP with the same employer or with a different employer.

2.if possible , what is the procedure?
>>> The employer would take care of the H1B filing. Just provide them all the required documents that they request and a copy of the previous H1B approval notice.

3. Can he find new employer and use that old petition for COS(L1 to H1) or he has to go with old employer who filed that old petition?
>>> See ans. 1