L1 to H1

[fivestar]

Hi,

 

I applied H1B with company A in 2013 in counselor method and my petition was approved in November 2013 with 3 year validity (Nov 2016).

 

I am working in L1 and went back to India in Feb 2014 and got stamped my extended L1 Visa with current employer. 

 

What is the process if I want to use my H1B which was approved in Nov 2013?

 

Thanks

 

 

[jairichi]

Employer has to file a cap exempt H1B petition and on approval with I797 containing I94 you can start working for employer on H1B status.

[fivestar]

Thanks jairichi for your response

Can my employer apply for amendment or COS now to activate my H1B

Or If I move out of country, can I go for H1B stamping without applying cap exempt petition

[jairichi]

Thanks jairichi for your response

Can my employer apply for amendment or COS now to activate my H1B

Or If I move out of country, can I go for H1B stamping without applying cap exempt petition

If you are in US then employer can file a COS petition. By law H1B employer has to revoke H1B petition if you have not joined them. So, a new cap exempt H1B petition has to be filed and approved to get H1B visa stamp.