Can I use the expired B company 2008 H1B petition (approved never stamped/used) to A company and get full term of H1B?


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I am currently working with Employer “A” L1B. I got the L1 in Aug’05.

So far, I have worked 52 months (but not continuously) in US in this L1.

I am currently on I-94 extension which expires in Aug’13.

I have a H1B petition from Employer “B” which was approved on 2008 quota (approved as subject to CAP). But, not gone for stamping or used for work.

My current employer “A” is ready to file a new H1B petition as CAP-exempt. But, if I do it as COS now, I think, I will get only 1 more year to work in US. (as I stayed 52 months in L1)

I prefer not to go through the CAP again next year for a new H1 in next cycle.

Is it possible to get full term (6 years) with the current approved H1? I am ok to return to my home country in Aug‘13 & stay there for 1 year, if I can get full term in this H1. If this is possible, when should I do this transfer?

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