petition is valid

[ganesh13]

Hi 


I had my H1B petition approved for company A on 05/04/2007 and it was valid from 10/01/2007 to 04/19/2009. However my H1B was never stamped and i didn't use the petition.

I was under the impression since the H1B petition was expired i will not be able to use it. Hence i applied for L1B from the same company A, which is expiring on Jul 11th 2014. I am currently working for a client in US on L1B.

I was about to extend my L1B and came to know that i can use my H1B petition. However my current company A don't have the approved petition now. 

Company B says I am eligible for CAP exempt and they are ready to file my H1? Also they say only receipt number should be good enough for filing my H1B. Is that true? whether receipt number is enough for filing an H1B? Whether i am eligible for cap exempt? Pls advise.


Thanks in advance .

[jairichi]

Hi 

I had my H1B petition approved for company A on 05/04/2007 and it was valid from 10/01/2007 to 04/19/2009. However my H1B was never stamped and i didn't use the petition.

I was under the impression since the H1B petition was expired i will not be able to use it. Hence i applied for L1B from the same company A, which is expiring on Jul 11th 2014. I am currently working for a client in US on L1B.

I was about to extend my L1B and came to know that i can use my H1B petition. However my current company A don't have the approved petition now. 

Company B says I am eligible for CAP exempt and they are ready to file my H1? Also they say only receipt number should be good enough for filing my H1B. Is that true? whether receipt number is enough for filing an H1B? Whether i am eligible for cap exempt? Pls advise.

Thanks in advance .

Yes. You are cap exempt.