Cap exempt on basis of expired I-797. Some questions.

[floodwarrior]

Hello all at Murthy,

I would appreciate advice on following:

My visa history:

2005: Entered US on L1 B with employer A

2009: Employer A applied for H1-B. I recieved an I-797B approval notice. This notice was valid from Oct/09 to Jan/12.

2009: I left the US for personal reasons. I did not ever recieve or apply at US embassy for the H1-B visa. I continued to work for employer A outside US.

2014. I received a new L1 B visa with employer A and re entered the US. As I have been out of US > 1 year I am starting off again with a fresh L1.

2014: I am considering a job opportunity with employer B

My questions are:

1. Can employer B apply for a H1-B for me on a cap exempt basis using the I-797 i recieved in 2009?

2. Is there any way employer A cancelled or otherwise invalidated the I-797?

3. If the answer to question 1 is positive how long will it take to recieve a H1-B visa?

4. Finally, how long will the new H1-B be issued for - A - up to a full 6 years minus the 3 months since i entered US on my current L1 or B - for approx 2 years as this is the duration I was entitled to when i applied in 2009 based on 6 years minus the 4 years I had spent in US on L1 at that time?

Thank you very much for all your help.

Best Regards.

 

[jairichi]

 

Hello all at Murthy,

I would appreciate advice on following:

My visa history:

2005: Entered US on L1 B with employer A

2009: Employer A applied for H1-B. I recieved an I-797B approval notice. This notice was valid from Oct/09 to Jan/12.

2009: I left the US for personal reasons. I did not ever recieve or apply at US embassy for the H1-B visa. I continued to work for employer A outside US.

2014. I received a new L1 B visa with employer A and re entered the US. As I have been out of US > 1 year I am starting off again with a fresh L1.

2014: I am considering a job opportunity with employer B

My questions are:

1. Can employer B apply for a H1-B for me on a cap exempt basis using the I-797 i recieved in 2009?

2. Is there any way employer A cancelled or otherwise invalidated the I-797?

3. If the answer to question 1 is positive how long will it take to recieve a H1-B visa?

4. Finally, how long will the new H1-B be issued for - A - up to a full 6 years minus the 3 months since i entered US on my current L1 or B - for approx 2 years as this is the duration I was entitled to when i applied in 2009 based on 6 years minus the 4 years I had spent in US on L1 at that time?

Thank you very much for all your help.

Best Regards.

 

1. Yes.

2. By law employer A has to revoke H1B petition once you stop working for them. This will not affect your future H1B petitions.

3. Change of status by regular processing will take 3 to 4 months and by premium processing 15 calendar days.

4. Answer is B i.e. 2 years - time currently on L1B.

[floodwarrior]

Thank you for your reply,

 

If I could ask another question regarding my question 4.

 

I would appreciate.

 

A. So before I entered US in 2014 I was entitled to a 2 yr H1 visa. Is this correct?

B. This 2 years is being eaten by the time I am spending in L1, i.e if I apply for a H1B visa in 12 months time I would only be entitled to a 1 yr visa, is this correct?

C. I was hoping that either the 2 years would be frozen or I would be entitled to a fresh H1 less the time I am currently spending in L1. But I was wrong i guess?

 

Thank you.

[jairichi]

Thank you for your reply,

 

If I could ask another question regarding my question 4.

 

I would appreciate.

 

A. So before I entered US in 2014 I was entitled to a 2 yr H1 visa. Is this correct?

B. This 2 years is being eaten by the time I am spending in L1, i.e if I apply for a H1B visa in 12 months time I would only be entitled to a 1 yr visa, is this correct?

C. I was hoping that either the 2 years would be frozen or I would be entitled to a fresh H1 less the time I am currently spending in L1. But I was wrong i guess?

 

Thank you.

If employer B files a cap exempt H1B petition you would get 6 years - (time spent on L1B from 2005 to 2009 + time spent with your new L1B status).

If employer B files a cap subject H1B petition then you would get 6 years - time spent on your new L1B status.

 

My suggestion would be if there is a possibility then let employer B file a cap subject H1B petition so you would get more time on H1B. Or stay with current employer on L1B and next year find an employer to file a cap subject H1B petition. 

 

Also, I would suggest you to talk to an attorney to be double sure.