SKAICH Posted September 19 Report Share Posted September 19 (edited) I am in US on L1A with I-140 (EB2) approval. I have an approved H1B (no visa stamping) from a different employer valid from Oct-2023. If I don't want to join the new employer/job, can I transfer the H1B to my current company and transfer my status from L1A to H1B before the H1B's 6 years validity expiry, and further continue on H1B cap exempt after the H1B's 6 years validity expiry? Edited September 19 by SKAICH adding key info Quote Link to comment
Attorney_20 Posted September 25 Report Share Posted September 25 If the H1B was not approved with an I-94 card and you never got the H1B visa stamped, it cannot be used for a cap exempt H1B filing with a different employer. In that case you need to get selected in another H1B lottery and get an H1B petition approved with an I-94 card or H1B visa stamp. Quote Link to comment
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