H1B Remainder Option

[chicago34567]

Hi All,

Please see my scenario below:

1) My H1B visa was stamped in Oct 2006 with a validity until April 26th 2009. Sponsor is Company A.

2) I came to US for the company A in Oct 2007 and went back to India on Sep 2008.

3) I was in India with the company A for 2 years and came back again to US in Oct 2010 in L1B VISA(for company A). Currently I am in US. Validity for my L1B visa is until April 2013.

If I get an offer from sponsor B, please help me clarifying the below questions

1) Can sponsor B apply a new petition for me as cap-exempt using the H1B remainder option?

2) If remainder option is eligible for me, once the H1 petition is approved, can I start work immediately?

3) Until when (any deadline) this remiander option can be used for my H1?

Your answers will help me a lot. Kindly help me. Thanks in advance!!

[wiweq]

You have total 6 years of cap for H1b + L1 time.

New employer can file H1b for you for remaining time of above 6 years. This will be cap exempt and no need to wait for Oct 1st. Because it will be COS you can't start working on receipt, but to wait till approval.

[chicago34567]

Thanks a lot for your response :-) It really helps!!