L1A visa to H1B options

[careerseeker]

Hi,

I'm planning to apply for H1B through an employer. For this, I'm looking for options of getting this based on the current situation what I have.

I was having H1B prior to this. I stayed 5 months in US with H1. H1B got expired and then got L1A. I currently hold L1A visa and am staying since 8 months, it is having another 2 years validity.

However, would like to move ahead for the H1B. Now, I need a clarification on how does my H1B (to be applied) would fit in the quota. Does this go under the 2013 quota or would it be able to consider under the current L1A quota.

I'm not sure whether I put the message in a right way. But the utlimate background is H1B->L1A->H1B??

Any suggestion/info will be much appreciated..!!

[shervin143]

There is no quota for L1. Since you previously had an H1B approval notice within the last 6 years, you can use the CAP from that petition to file a new H1B petition and request an immediate start date. Yu don't have to file the H1B under the 2013 CAP and you need not wait until Oct 1st to start working in the H1B status. Any employer can file the H1B petition using the old CAP either for COS or consular process. You will get 6 years minus time spend in U.S in H1B status minus time spend in U.S in L1 status.

[careerseeker]

So, if new employer file new H1B with old Quota, using COS then I can start working immediately for new employer. If it happens through Consular process, then do I need to get the stamping done from home country?

I think this followed up question may clear me off from stress...

Thanks.

[careerseeker]

When I tried check the status of hte old Petition, I also see the below ones from USCIS site.

OMB control no. 1xx2-xxx3
Expiration date: 6-30-2012.

What does the expiration refers to?

[shervin143]

So, if new employer file new H1B with old Quota, using COS then I can start working immediately for new employer.
>>> You can start working only when the petition gets approved with a new I-94 and as of the H1B effective date. If the employer requests an imemdiate start date, then upon approval of the petition, then H1B will become effective. If there is no I-94 attached to the approval notice, then the petition did not get approved as a COS.

If it happens through Consular process, then do I need to get the stamping done from home country?
>>> Have you ever had a H1B stamping in your passport in the past? If yes, you can apply for the H1B visa in other third nation U.S consulates as well. If this is your first time H1B stamping, then you need to go to your home country.

[shervin143]

Don't reply on the information in the petition tracker site. Most of the time, they are not updated with the latest info. Unless you are planning to work for the same employer again, finding out whether that petition is valid or not is of no use. If you are planning to work for that same employer, then better check with the employer to see if they revoked the petition or not. The old petition need not have to be valid to file a new one using that CAP.

When I tried check the status of hte old Petition, I also see the below ones from USCIS site.

OMB control no. 1xx2-xxx3
Expiration date: 6-30-2012.

What does the expiration refers to?