Unused H1B petetion, can I re-use or can I avail cap exempt?

[BGVC]

Hi Attorney's

My friend came in to US during 2007 Aug on L1B for Company A. In 2008, through an employer B , H1 petition is filed and approved in 2008. Due to some reasons he havent changed to H1 and NEVER worked on H1. During 2010 went to India and came back again after few months on a new L1.

we checked the USCIS site where it is showing its approved but no dates anywhere.

1)Anyway to see if that is revoked by employer? (Employer not responding to check with him)

2) If Revoked , can he use that as a cap exempt? -- he is currently in US

[livliv]

It does not matter whther the petition is revoked or not. Another employer can still file a cap-exempt petition at any time. However, he will only get the remainder (6 years - time spent in the US in H1 or L1 status). Since he has already spent more than 1 year abroad, and since the H1 cap is open at this time, it is better to file cap-subject petition in order to get a fresh 6 years.

[BGVC]

Hi , Please help here!

[BGVC]

Thanks livliv ; I am NOT sure if he will get a fresh 6 years even if he goes for a new H1 (cap) as he stayed here in US for 4 years on L1 and not spent outside states for a continuos 1 year.

[livliv]

That's right, I read the went to India in 2010 and missed the came back part.