L1A to H1B transfer using my approved I-797 (H1B) Petition Filed in 2005

[Guest 1]

I am currently in US working for an employer on L1A and (impacted by Layoff) need to go back to India in the next 60 days. 

I have H1B approved (I-797) petition filed back in the year 2005 expired in 2008.

Can I transfer my status from L1A to H1B based on (I-797) approved petition filed in 2005?

Can I transfer my status from L1A to H1B based on approved petition filed in 2005 to the new employer?

Will it be useful if I go through the premium processing for status change from L1A to H1B?

Do I need to go through the usual H1B lottery?

 

 

[pontevecchio]

Unless you have a H1 visa stamp or have worked for the sponsor, that H1 is gone.

[JoeF]

Unless you worked on the H1 or at least got the H1 visa stamp you are not counted for the quota and you can not transfer the H1. A new employer can file an H1 for you in the upcoming lottery.

[Zodiac System]

Find an employer and get into H1b lottery this year.  Registrations are open until noon of 03/22/2024.  Good Luck.