H1B Stamped in 2008..Is it still CAP EXEMPT

[hscr2013]

Hi,

 

Here is my case:-

 

- My H1B was approved by Company A for FY 200809 quote (it was approved on Sep 30th 2008) and I have the I797C copy for it which has a recdeipt number

- I never used this H1B

- I am currently in US on a L1B blanket visa for company B valid until July 2016

 

Here are my questions:-

 

1. Employer C wants to hire me. Can they use my prior approved H1B (through company A) to reapply for a NEW H1B which will be cap-exempt?

2. How long generally it takes for processing of such cap-exempt cases?

3. Since I never used that H1B, can I spend the remaining period of 6 years (deducting whatever time I spend on current L1 until my H1B gets processed) in case my cap exempt H1B gets approved through emploer C?

4. What happens to my current L1B once the new H1B gets approved? In case I take a decison to stick with emploer B, will I have that option available?

 

Many thanks in advance for your response.

[jairichi]

Hi,

 

Here is my case:-

 

- My H1B was approved by Company A for FY 200809 quote (it was approved on Sep 30th 2008) and I have the I797C copy for it which has a recdeipt number

- I never used this H1B

- I am currently in US on a L1B blanket visa for company B valid until July 2016

 

Here are my questions:-

 

1. Employer C wants to hire me. Can they use my prior approved H1B (through company A) to reapply for a NEW H1B which will be cap-exempt?

2. How long generally it takes for processing of such cap-exempt cases?

3. Since I never used that H1B, can I spend the remaining period of 6 years (deducting whatever time I spend on current L1 until my H1B gets processed) in case my cap exempt H1B gets approved through emploer C?

4. What happens to my current L1B once the new H1B gets approved? In case I take a decison to stick with emploer B, will I have that option available?

 

Many thanks in advance for your response.

(1) Yes and it will be cap exempt.

(2) 2.5 months minimum by normal processing and 15 calendar days by premium processing

(3) Yes it will be 6 years - years on L1.

(4) If you apply as a COS from L1 to H1B but want to stay with your employer B then you have to exit and enter US on L1 just before H1B start date. 

[hscr2013]

Thank you so much for the quick response which has clarified all of my doubts, really appreciate it.