Claim the earlier H1 when on L2

[suman2078]

Hi,

I am currently on L2 with EAD. I was on H1 way back in 2009 but had to forgo it as i left the employer. I want to know, if i want to work on H1 can another employer claim my earlier H1 back or will he have to submit a new application for H1. Also will this new application be considered in the quota or will be considered as renewal of the earlier H1. Appreciate your response.

Regards,
Suman

[shervin143]

A new H1B petition need to be filed as a COS from L2 to H1B using the CAP from the old petition. The employer can request an immediate start date. Upon approval of the H1B petition (the approval should come with a new I-94), you can start working for the H1B sponsor as of t he H1B effective date that will be mentioned in the approval notice. You will get 6 years minus whatever time that you have already spent in H1B + L1 combined. YOu don't have to go through quota again.

[suman2078]

Does that mean the 6 years less the number of years i "WORKED" in USA on any visa, i.e., H1 or EAD on L2(Cos i have not yet utilised my EAD to work).

[kabkaba]

Read the above reply again. H1+L1 counts. L2 does not.