Attorney_22 Posted March 5, 2020 Report Share Posted March 5, 2020 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. Link to comment Share on other sites
HSingh4 Posted March 6, 2020 Report Share Posted March 6, 2020 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? Link to comment Share on other sites
MichiganH1 Posted March 10, 2020 Report Share Posted March 10, 2020 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 Link to comment Share on other sites
Attorney_22 Posted March 11, 2020 Author Report Share Posted March 11, 2020 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. Link to comment Share on other sites
Attorney_22 Posted March 11, 2020 Author Report Share Posted March 11, 2020 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. Link to comment Share on other sites
Sharath Molagavalli Posted March 24, 2020 Report Share Posted March 24, 2020 My I-94 expires on 8th April & I'm about to complete 6 years in US under H1B and booked the tickets to travel back to India on 31st March. In case if travel ban extends in India beyond 8th April, what should i do? Link to comment Share on other sites
FYIVYP Posted June 22, 2020 Report Share Posted June 22, 2020 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 Link to comment Share on other sites
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