H1b from employer A expired, Employer B planning to apply for H1bvisa under cap exempt. Need few clarifications?

[praneethgaddam]

Hello, i have few questions regarding my expired visa\ visa applying under cap exempt , please help with below questions.

H1B Visa expired on september 2011. I got this H1 applied from employer A in us(visa got stamped), I never used H1 and no contacts with this employer A.

I am now in US on L1B from employer B from 2009 may - 2010 april and from 2011 july till date (total 27 months on L1) now i am on I94(L1) valid till dec 2014.

Questions:

1. can my Employer B apply H1 B for me under cap exempt quota?

2. Employer B require any documents from Employer A to apply this Visa?

3. What all documents required from expired visa to apply visa under no exempt( i have I797 and stamping on old passport)?

4. Do my employer need to apply for Change of status along with H1 under no exempt quota?

5. Can i bring my wife from India as i am staying on I94?

6. If i get approval do i need to travel back to India get stamped and return to us or continue working?

7. What are chances of approval in cap exempt case compared to normal cap ?

8. any specific time for applying visa under cap exempt quota? or specific time for start working on that visa?

9. Once applied under cap exempt quota, how much will it take to get status(approval or other?)

10. As Employer A not available, will it cause any issues for visa approval?

11. Any other precautions\necessary actions in my scenario?

Thanks in Advance

[pontevecchio]

1. Yes. 2. B is applying for a H1 petition with you as beneficiary and is not applying for a H1 visa. Semantics, Yes, but necessary. Your experience documents may be necessary. 3. Proof of being capped and all other necessary documents for a H1 petition. 4. He does not need to if he does not want to. 5. Missing. 6. See 4. Since employers need notice and since you cannot work for the L1 employer after the COS, CP is your way to go. 7. It makes NO difference. 8. You can work on approval of the H1 petition either with COS or after leaving and returning with the visa. 9. See 8. 10. NO 11. Only you know your situation.

[hunterz]

Hi praneethgaddam,

 

Did you apply for H1b COS and how did it go ?

 

I am in same situation (h1b approved but never stamped) and want to use it for COS, so wanted to know you experince.

 

Thanks.