H1B cap exemption and valid duration

[prmalpani]

Hello

Background:

1. I had stamped H1B from Feb07 till April09

2. But never came to US on H1B

3. Currently, in US on L1 from last 18 months from Feb-11

Questions:

1. Can my current employer can able to activate my previous H1B on old quota?

2. If my H1B can be activated on old quota, what will be validity period? (If old H1B is valid for 6 years, 6 years will be completed by Jan13)

Thanks in advance for your help!!

[Attorney_22]

Generally, USCIS will allow an individual who has previously been counted against the H1B Cap and not utilized their full six year time allotment, to file a non-cap-subject H1B petition. This is true even if the H1B Beneficiary has been in the U.S. in L1 status. However, any time in the U.S. in L1 status will be counted against the total six year H1B period. If you have additional questions it is advisable to speak directly with a qualified U.S. immigration attorney. 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.

[prmalpani]

Thanks you very much. I will reach out to attorney from Murthy Law Firm for more details