Expired H1B - Help needed

[shreekantr]

Hello everyone!

My H1B petition approved in 2009 quota, but I never went for stamping due to recession in US during that time. Now I am working as consultant on L1B visa in US. My query is, can I retrieve my old expired H1B status? OR do I need apply for new H1B visa? so that I can start working on my H1B visa. Please help me if any one of you faced similar situation.

Waiting for you kind reply.

Thank you so much,

Shreekant

[Attorney_11]

Generally, a new H-1B petition must be filed for employment with a new employer. Generally, if an individual has been counted against the cap within the past 6 years, they are likely cap exempt for future petitions for H-1B filed by employers. However, there are exceptions. It would be advisable to consult an immigration attorney to discuss personal immigration strategy.

[binoca82]

Since you are already cap counted within the last 6 years, an L1 to H1 COS can be processed and you can start working for the H1 employer immediately after the approval. The only benefit because of holding a prior H1 is, you are exempt from the annual cap and no need to wait for Oct1 to start working on H1.