Old approved and unused H1B petition - can it be used to file a cap exempt visa?

[sanguine_pm]

Hi,

I have an unused and approved H1B petition from Company A, valid from September 2013.  I never used this petition for stamping, and it remained unused. I was in London back then. 

Now, I am in New York on a L1 visa. I was wondering if I can ask my firm to use this petition to file for a cap exempt H1B visa? Pls note that the petition was filed by company A, and I am right now in US with company B on L1 visa.  

Pls confirm if this petition can be used and the validity of the petition is up to 6 years, so the petition is valid until Sep 2019. 

Many Thanks,

PM 

 

[wishme]

On 5/17/2018 at 2:59 PM, sanguine_pm said:

Hi,

I have an unused and approved H1B petition from Company A, valid from September 2013.  I never used this petition for stamping, and it remained unused. I was in London back then. 

Now, I am in New York on a L1 visa. I was wondering if I can ask my firm to use this petition to file for a cap exempt H1B visa? Pls note that the petition was filed by company A, and I am right now in US with company B on L1 visa.  

Pls confirm if this petition can be used and the validity of the petition is up to 6 years, so the petition is valid until Sep 2019. 

Many Thanks,

PM 

 

You can use old Approved and unused H1B if it's not more than 6 years old. You can use that for cap exempt H1B.

You will need to file Change of status from L1 to h1

[himaverick]

Hi,

Is the 6 years calculated from the date of approval of the petition or H1B Visa stamping?