L1 to H1..Had a Prior H1 Valid from May 2006 - Apr 2008.

[bornfreak]

Hi,



I am currently on L1B Visa which is valid till March 2013, and I-94 too valid till June 2013 and as I had a

previous H1-B stamped on my passport from May 2006 - Apr 2008 which I never used and got expired,

I approached an employer here in US who told me they can process my H1-B as I am not subject to H1

cap, is that correct? Also, now I'd like to understand if this employer files for a COS, and

my H1-B in premium processing, how long will it be for me to know that its approved,

and can I start working for him once he has applied or do I need to wait for any formal communication(s) i.e. approval receipts from

USCIS? Please advice.

Cheers

[shervin143]

I am currently on L1B Visa which is valid till March 2013, and I-94 too valid till June 2013 and as I had a previous H1-B stamped on my passport from May 2006 - Apr 2008 which I never used and got expired,
I approached an employer here in US who told me they can process my H1-B as I am not subject to H1 cap, is that correct?
>>> That is correct.

Also, now I'd like to understand if this employer files for a COS, and my H1-B in premium processing, how long will it be for me to know that its approved,
>>> 15 days by premium if there are no RFEs. 2-3 months by normal process.

and can I start working for him once he has applied or do I need to wait for any formal communication(s) i.e. approval receipts from USCIS?
>>> You cannot work for the H1B sponsor until your COS from L1 to H1B gets approved. You cannot work on just the receipt notice. Once the COS gets approved, you should start working for the H1B sponsor immediately. Any employment with the L1 employer after the H1B status effective date is illegal.