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COS from L1-b to H1-B question

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  • COS from L1-b to H1-B question

    Hello experts,
    I need your help to understand if I can do Change of status from L1-B to H1-B,

    I got H1 in 2010 (valid from Feb 2011 to Dec 2011) and came to USA in Feb 2011. I got extension in Dec 2011 valid till Dec 2014 and went back to India in Feb 2012.
    I got stuck there due to administrative process at consulate which is still not resolved. I have never heard answer from consulate. My company (same who applied my H1 and extension) applied for L1-b in June 2014 and I got it approved and flied in USA in June 2014. My H1-b extension is still valid till end of next month. Can I use it for Change of status from L1-B to H1-B? or do I need to apply for new H1-B in April? Will I be exempted from H1 cap limit?

    Thanks in advance.
    Meet

  • #2
    You can apply for H1B right away. You will not be subject to numerical limit or cap.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thank you Admin.
      Can I change status after December? If yes is there any limit in time after H1 expires?

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      • #4
        Yes you can do so after December too. Time limit is 6 Years from your last held valid H1 status that is 6 Years from Feb 2012. Also do remember, your previous H1 and L1 stay would be counted towards the L1+H1 max 6 Years limitation.

        This is my opinion not legal advice.

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