Regarding my H1B


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Hello Sir,


I worked in US from 2008 to 2011 April on L1 visa for a product based company. The same company filed H1B for me and it got approved in March 2011. (H1B stamping was not done). I left my job and came back to India in 2011. Though my H1b got approved I never worked on H1, I had been always on L1.

I have few queries here can you please answer

1. Is there a way to know, if my H1 is still valid or not?

2. I have B1/B2 visa for 10 years, can I enter US as a visitor, and transfer my H1B visa? Is that legal to do?

3. Can my H1 transferred, as I never worked on H1. and it is already 1 year done, that I worked in US.

3. If my H1b is cancelled, do I still get any adavantage of having H1B before? If so, can you please mention them.

Thanks a lot in adavance.


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Any other employer can file a cap-exempt petition for you at any time. You will need the previous H1's receipt or approval notice or at the very least receipt number to claim cap-exemption. This is irrespective of whether the previous employer revoked their petition or not.

The time spent in the US in L1 or H1 status will however count against the 6 year limit. To get fresh 6 years, (since you have spent 1 year outside the US) a cap subject petition can also be filed. But the earliest start date for that will be Oct 1.

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