L1B to H1B conversion


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I am on L1B visa and currently in America from May 2011.

I have a H1B petition approved in 2008 but never used/travelled on it and it got expired in June 2011. Now I would like to move on to H1.

Can I use the old H1 petition now? if so is it a change of status from L1 to H1 or H1 transfer and how long it takes?

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From my understanding, you need to find an employer willing to file H-1B petition. This H-1B petition will be cap exempt as you were already counted towards cap when your old H-1B petition was approved. It will take same time as normal H-1B petition approval i.e. 4 months in regular and 15 days in premium.

Thank you for the reply. Will this be considered as H1 transfer? does my pay stubs on L1B will work to shift on to H1B?

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