Cap exempt H1B


kandpat

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Hi,

I have few queries regarding L1 to H1B transfer.

I Had H1B which expired on 2009. But I did not utilize my H1B. in 2011, I got L1 stamped and I am working on L1 from APR 2011 on wards. My L1 expires in Feb 2014 and I-94 expires in Apr 2014.

Please help me with the below queris.

1) I heard that there is some thing called cap exempt H1B's where in which if the H1B petition date falls in the last 6 years, though unutilized and expired, elizible to get L1 to H1B transfer using the same petition in H1B cap exempt. Is that true? Please provide information about this rule.

2) If your answer for the above query is yes, if I get H1B,

a) What happens to my L1 status ?

b) when should I report on H1B? Becuase I want to to work on L1 till May 2013 and then start working on H1B. Is that possible?

Thanks

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Please see the following link and review questions 5 and 12: http://www.murthy.com/2012/03/26/abcs-of-h1bs-getting-back-to-the-basics-of-the-h1b-visa/.

If you are in the U.S. you may file for a change of status that meets your goals. However, prior to deciding how to move forward it is advisable to speak to a qualified U.S. immigration attorney directly. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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