Unused h1

[tisha]

Hi,

I have a company "X" applied L1 visa (2005-2013). I entered US on 2005 on L1 Visa and completing the maximum period allowed. (few more months left)

Meanwhile I have received the Company "Y" issued H1B petition (valid : 2007-2010). But this H1 was never stamped and not used.

I am aware of the fact that after the maximum L1 quota, I need to stay outside the US for a year.

But after a year say, 2014, can the employer "Z" apply for new H1 and claim for cap exemption based on the unused and un-stamped 2007 H1 petition?

Please advice.

[pontevecchio]

You would need to have a H1 sponsor file and get a H1 petition approved after staying out for one year and that petition would be cap subject./

[vksh]

Hi, My wife had H1B from 2008-2011. She only used 6 months of that. Then she got her H-4 because of unemployment and then went on F-1 as she went to school. the question is

1) Does she has to go thru the lottery system again?

2) Can her old approval be just transferred to the new employer?

3) Does she has to wait until Oct 2012 of next year to start the work?