Urgent : h1b cap exemption

[1234abcd]

Hi All ,

I need urgent help on my issue . I am currently on L1b which i will complete my 5 years in Feb 2014 .

I had a unused and expired H1b petition from old employer from year 2008 .

Please let me know if my current employer can re-use it and apply my new H1b Petition using it under CAP exemption ?

Thanks for the help .

[0407]

yes. you will get 1 year under H1B as you already have spent 5 years on L1B

[NeverStop]

Hello, I have a similar situation. Please read my case details below.

Is there a way you can let your opinion know if I can have an employer to file a cap-exempt H1B, please?

• I Worked in US on L1B visas for 54 months (=4.5 years) between the period Dec 2005 to Dec 2010.
  
• I moved out of US in Dec 2010, and never returned back to US. Currently working in India.
  
• A US employer filed a H1B petition for myself in the year 2008. The petition was approved by USCIS and was valid from 10/01/2008 to 09/26/2011. However, the petition was never used to work in US. In other words, it was neither used for visa stamping nor was used to work in US.
  

[1234abcd]

I am getting contradictory information on it . I havent got any h1b stamping done from my old petition . Does this will still work for me .?

Please let me know as i am veyr tense due to it.

[JoeF]

I am getting contradictory information on it . I havent got any h1b stamping done from my old petition . Does this will still work for me .?

Petition and visa stamp are two different things.

For purposes of the quota, the approved petition matters. A visa is an entry document, nothing more.

An employer can file a new H1 petition for you at any time, and it would be valid for 1 year. Once the petition is approved, you can get an H1 visa stamp and enter with that stamp.