Re-Use of Old H-1B

[l1btol1a]

Hi,

 

I came to US on Dec 2007 with L-1B. Before completion of L-1B, one of the consultancy filed H-1B for me in April 2012 and approved for extra 1 year till Dec 2013. But, I requested the consultancy to revoke the H-1B because I didn't want to join in that company. Later my L-1B company filed L-1A for me and I am staying on L-1A till now and it is going to expire in Dec 2014.

1. Can I use my old H-1B with same H-1B company again or different employer under Cap-Exempt, If I stay 1 complete year in India immediately?
2. Or It is not valid because I didn't join them and I requested them to revoke?

I checked my H-1B status in USCIS website and it is still showing Decision and approved status.

Guys, Please suggest so that I can take few decision if this works.

Thanks,
Kiran

[jairichi]

Hi,

 

I came to US on Dec 2007 with L-1B. Before completion of L-1B, one of the consultancy filed H-1B for me in April 2012 and approved for extra 1 year till Dec 2013. But, I requested the consultancy to revoke the H-1B because I didn't want to join in that company. Later my L-1B company filed L-1A for me and I am staying on L-1A till now and it is going to expire in Dec 2014.

1. Can I use my old H-1B with same H-1B company again or different employer under Cap-Exempt, If I stay 1 complete year in India immediately?

2. Or It is not valid because I didn't join them and I requested them to revoke?

I checked my H-1B status in USCIS website and it is still showing Decision and approved status.

Guys, Please suggest so that I can take few decision if this works.

Thanks,

Kiran

The max allowed stay on H1B is 6 years and this includes stay on H1B, L1A and L1B. If you have exceeded this 6 years just by being on L1A and L1B you would need to be outside US for 365 days before an employer can file a cap subject H1B petition for you.

[pontevecchio]

1. You need to leave and a company has to file a H1 cap subject petition one year after you leave and get it approved for a start date in October of the relevant year.

2. See 1.