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L1B to unused H1B transfer

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  • L1B to unused H1B transfer

    I am currently on L1B VISA in US with Company A. I have approved H1B petition since 2008 with Company B which got expired in Sep 2011. I never worked for Company B on H1B VISA. I am planning to take job on H1B VISA. I have few questions on that.
    1. Can I still use this expired petition to transfer H1B petition to new company C?
    2. If yes, what all the documents I need to provide? (On many forums I see that Pay stubs from previous H1B employer are needed but in my case I never worked for H1B employer but I have paystubs from my L1B employer A)

  • #2
    Your new employer C can file a cap-exempt petition for you at anytime as long as your total time spent in the US in L1 or H1 status is not exceeding 6 years.
    They will need copy of previous H1 approval notice to prove that you are cap-exempt.
    They will also need proof of L1 employment (paystubs etc.) to change your status within the US.
    Remember once change of status gets approved (new I-94), you must begin working for the H1 employer immediately.
    This is my opinion and not legal advice.

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    • #3
      Thanks a lot. This is really of great help to me.

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