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Attorney_22

Transition Issues in H1B

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This week, Murthy Law Firm attorneys will answer questions regarding issues that arise during transition to H1B status from a different nonimmigrant status. 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.
 

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I have an approved I-140 under EB2 with my H1B (Priority Date Sep 2015), I have already completed 7 years on my H1B using my approved I-140. 
I stayed out of the US for 15 months and recently entered on L1A, can a new employer still file a COS for me to move me from L1A to H1B without the lottery process?

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Hi Attorney

My question is about recapturing unused H1.

1) I was working on H1 cap subject approved petition from Jan 2014(First H1 approved) till June 2015.

2) I applied Change of status from H1 to H4 in June 2015 and got approval in August 2015 .

Is there a time limit for that restricts me to go back to H1 without going through cap quota process.

Thanks

 

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On 3/5/2020 at 10:14 PM, HSingh4 said:

I have an approved I-140 under EB2 with my H1B (Priority Date Sep 2015), I have already completed 7 years on my H1B using my approved I-140. 
I stayed out of the US for 15 months and recently entered on L1A, can a new employer still file a COS for me to move me from L1A to H1B without the lottery process?

Yes, generally you can use the prior I-140 for H1B time beyond the six year limitation even though you are in L1A now. However, you may want to discuss the specifics of your case with a U.S. immigration attorney to make sure there are no exceptions in your circumstances. 

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15 hours ago, MichiganH1 said:

Hi Attorney

My question is about recapturing unused H1.

1) I was working on H1 cap subject approved petition from Jan 2014(First H1 approved) till June 2015.

2) I applied Change of status from H1 to H4 in June 2015 and got approval in August 2015 .

Is there a time limit for that restricts me to go back to H1 without going through cap quota process.

Thanks

 

No, there is no time restriction. You should be able to continue your H1B time from when you left. 

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Trying to understand effect of Executive order issued on 6/22/2020, Monday - restricting H1b's etc.

Can a person who is physically present in US file an H1-B visa transfer ?

I am on H4 visa and physically present in US and my spouse is on H1-B. I was earlier on H1-B and have a approved I-140 based on past H1B since 2009. 

Will this executive order restrict any employer's ability o file an H1-B visa from my current H4 ? (I obviously dont fall under cap).

Thanks

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