Expired H1B Cunrrently on L1B. Can I change employer through old H1B- has unused years

[hpsbsr]

Hi,

My H1B petition was approved in 2004, after which it was extended in 2007. Then it got expired in 2010. In between I was in India for about 4 years. On this H1, i have used only 2.5 years.

Currently am in US on L1B visa. I was wondering if I can take up employment through the old expired H1B petition.

Some of questions I have are

1) Till what time can I use this expired H1B petition to change from L1B to H1B?

2) Will the new employer who use this H1B petition have to file a new H1B petition altogether or it will just be as simple as the case of active H1 transfer?

3) How long would be the change from L1B to H1B take?

4) Will i have to go outside US and come back to change to H1 and take up new employment?

5) I have seen big employers refraining from filing a new H1 petition, so if L1B to H1B is a simple transfer then they might not be apprehensive about it.

Thanks in advance for your help. Am grateful..

Regards,

Vaibhav

[kalyan_ac]

Vaibhav,

First, there is no such thing called as H1 Transfer. Its a new H1 petition.

Since your H1 petition has already expired in 2010, there is no use with it.

The combined years for both H1/L1 together is 6 years.

If you still have time left in 6 years you can file for H1 with a new employer.

It takes anywhere between 4-6 months for regular processing and 15 working days for premium processing.

you dont have to go out and come back to start working on H1.

[jai5]

Hi

Obviously your H1b has expired so you cannot use it, but you can apply for a new H1B thru an employer under 2013 cap.

Filing will start on Apri 1st 2012. Your start date on H1b can be only 1st Oct or later.

You can opt for COS from L1 to H1 (change of status) if you know that you will be in USA till then.

If not then you will have to go for visa stamping.

One does not need a visa when they are already present in USA,you just need to do COS.

If you change your mind and want to continue on your L1 just travel outside USA and re-enter before 1st Oct In your L1 visa.

Please consult a lawyer to be clear :)