L1 to H1 with expired H1 petition(never used)

[kreddyusa]

Hi,
I have expired H1 petition from company A(validity from 1st Oct 2007 to 15th Sept 2010). I never used this H1 petetion.

I am in USA with L1 visa from 21st oct 2007 to till now with Company B.

Now I want to change from L1 to H1 with Company C after March 2011.

Can I use expired H1 petition to file new petition with Company C without CAP as the expired H1 was counted against CAP in the last 6 years?

Thanks,

[shervin143]

Yes.

Can I use expired H1 petition to file new petition with Company C without CAP as the expired H1 was counted against CAP in the last 6 years?

[kreddyusa]

Could you please let me know if any one got successful change from L1 to H1 in this type of situation.

Thanks,

[anna1234]

Mine its on the process but yet to file.

Could you please let me know if any one got successful change from L1 to H1 in this type of situation.

Thanks,

[kreddyusa]

Hi Anna1234,

Did you check with any attorney regarding using of expired H1, Could you please give details how you are filing.

Thanks,

[h1aspire]

L1 to H1 with expired H1 petition(never used)- lost i729

Mine its on the process but yet to file.

Hello Anna1234,

Do we need to submit the i729 or just the EAC ( petition) number enough?

My employer lost my i729 ( H1 sponser), I do not even have a soft copy. Am I still be able to apply for status change?

[anna1234]

Hi

I have got it approved with no issues. I gave notice copy but guess EAC will be good enough. There is a H1B data collection page whether they can fill that you are cap exempted but I cannot find adding EAC no there. But they added all my petition details including H1 in 1-129 part 4 8a and kept a copy of my petition as a proof. I guess EAC no will be good enough. Once you get into a company, you talk with the immigration people.

Hope this will help u!

[h1aspire]

Hi

I have got it approved with no issues. I gave notice copy but guess EAC will be good enough. There is a H1B data collection page whether they can fill that you are cap exempted but I cannot find adding EAC no there. But they added all my petition details including H1 in 1-129 part 4 8a and kept a copy of my petition as a proof. I guess EAC no will be good enough. Once you get into a company, you talk with the immigration people.

Hope this will help u!

Thank you very much for your quick response. This really boosted my confidence.

[Jayusa]

L1 to H1 using expired un utilzied petition

Hi Anna,
I am in the same situation.
I have expired H1 petition(from (2006-2009) and stamped too from employer A.
I came to USA on L1B in 2011 on employer B.
Now i am planing to join employer C who told that using EAC number of expired H1B, he can apply new H1 peition/transfer with out subjected to 2013 cap count.
Will it be possibble like this?

..one more complication is i had to visit India for sibling's marriage.Can i go and comeback to USA on L1B around November and initiate H1 transfer with employer C.

[shervin143]

I have expired H1 petition(from (2006-2009) and stamped too from employer A.
I came to USA on L1B in 2011 on employer B.
Now i am planing to join employer C who told that using EAC number of expired H1B, he can apply new H1 peition/transfer with out subjected to 2013 cap count.
Will it be possibble like this?
>>> Possible.

..one more complication is i had to visit India for sibling's marriage.Can i go and comeback to USA on L1B around November and initiate H1 transfer with employer C.
>>> Not advisable to leave the country when a COS is pending with USCIS. Go for the vacation, come back in L1 and then file the H1B petition as a COS from L1.

[Jayusa]

I have expired H1 petition(from (2006-2009) and stamped too from employer A.
I came to USA on L1B in 2011 on employer B.
Now i am planing to join employer C who told that using EAC number of expired H1B, he can apply new H1 peition/transfer with out subjected to 2013 cap count.
Will it be possibble like this?
>>> Possible.

..one more complication is i had to visit India for sibling's marriage.Can i go and comeback to USA on L1B around November and initiate H1 transfer with employer C.
>>> Not advisable to leave the country when a COS is pending with USCIS. Go for the vacation, come back in L1 and then file the H1B petition as a COS from L1.

I came back from vacation on L1 just 2 days back.My expired H1 petition apporved in mid july 2006.but i belive my H1 petition valid from oct 2006 to sept 2012.Please suggest whether i am good to intitiate the L1 to H1 process(Premium way) so that it can be completed by Sept 30 2012.