L1B to H1 transfer. Quota now Full. Had H1 before but never used

[onebytwo]

Hi All,

Here is my scenario.

I am on an L1B and currently getting laid off soon. I want to xfer to a new employer on H1 but since the quota is full already I know I cannot. However in 2008 I had a H1B (I-797 approved) but never used till date and also have a copy of the approved 797 in hand. I continued to be on L1 since then till now.

So my questions.

1. Can I still go ahead and apply for a new H1 given the fact that I was counted against the quota once in 2008 but never used it even for a day?

2. Assume the H1 xfer gets approved, will I be able to start on receipt of H1 application or only when its approved? Will this start date be Oct 1 or on approval?

Thanks for all ure help in advance.

Manish.

[pontevecchio]

You cannot apply for a H1 petition. You need to find an employer who will file and you can claim the remainder option and start work on approval.

[onebytwo]

Thanks Pvc,

I'm definitely aware that I myself cannot petition an H1. Its implied that Im referring to a potential employer who will apply for it.

That being said, anyone out there have answers to the 2 questions.

Thanks once again in advance.

[pontevecchio]

1. Yes.

2. Only when approved.

[JoeF]

A person who has been counted for the H1 quota in the last 6 years is not counted again.

An employer can file an H1 petition for you at any time, but you would not be eligible for 6 years on H1, since the time on L1 and H1 is combined.

You could only start working for the employer after the H1 is approved.

[onebytwo]

Thanks Joe and Pvc.