L1 to H1 Transfer Issue.

[ranichidurala]

Hi Expert,
I am on L1A now (entered into US on 6/6/10). I had H1B which got expired on Aug 2010, which i never used or travelled on H1b to US.
Can i still use my H1B petition instead of applying in 2011 new cap.
In the Notice of Petition the expiry date is 28-8-2010, is that it valid only for that date or still it is valid for 6 Years from the issue date (28-8-2007). Can i still use the same petition not going to the fresh 2011 cap.

[shervin143]

You cannot use the expired petition. But yu can use the CAP from that petition. Any employer can file a new H1B petition on your behalf using the CAP from the old H1B approval notice (You don't need to wait to apply in a new CAP). L1 + H1B together is for 6 years. So you will get 6 years minus time spend in L1 + H1B status.

[H1New]

How many years I will get in this case?

26-Feb-06 27-Apr-08 H1B - 2 Years 2 Months
16-May-08 16-Feb-09 L1B - 9 Months
16-Feb-09 15-oct-10 Out of US
16-Oct-10 Till Date L1B - 5 Months

Appreciate your help.

[kabkaba]

Looks like you have used 3 years and 4 months. So you can get 2 years and 8 months max.