L2 to H1B (H1B Recapture)


mahbenton

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Posted

Hi,

I applied for H1B via consultant in 2008 and my petition got approved, however I did not go for stamping and the petition got expired in Sept 2011. Meantime I came to US on L2 in June 2011 and Since I was not aware of H1 re-capture , applied for EAD which got approved in Sept 2011 and valid till Sep 2013. I started to work from March 2012 to till date. I have few questions here

1. Can I re-capture my expired H1B and how long it will be valid ?

2. What are the required documents for H1-B recapture ?

3. Do I need to notify the consultant who processed my initial H1 and get any NOC for re-capture ?

3. Can I work using EAD till I get the H1-B recapture approved and I assume this will not be part of H1 Cap for 2014 ?

4. How much it will cost for re-capture ?

5. I have requested my current employer to process new H1, is this advisable and do I get any extra benefit than re-capturing ?

Thanks in advance

Regards,

Mahe

Posted

"I applied for H1B via consultant in 2008 and my petition got approved"

=> What do you mean by "I applied". Did you pay for this H1b?

The answers of your other questions depend on the answer of above question.

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