Retain L1

[raj.shah]

I am working for employer A with L1 status in USA. I got my h1 petition approved from employer B. If petition is revoked by employer B. Can i retain with employer A with L1 status after October without doing anything. I dont want employer A to know that i applied for H1. Please help.

[jairichi]

I am working for employer A with L1 status in USA. I got my h1 petition approved from employer B. If petition is revoked by employer B. Can i retain with employer A with L1 status after October without doing anything. I dont want employer A to know that i applied for H1. Please help.

If employer B filed a L1 to H1B petition and got it approved then you are on H1B status from the COS start date. You would need to exit and enter US with a L1 visa and I797 to stay on L1 status immediately after your COS to H1B becomes effective.

[raj.shah]

Thanks a lot jairichi. I exit US before October and come to USA after October 1st with L1 status. Now is it possible i can be cap exempt if i find any employer to file my H1? if so can you please explain.

[jairichi]

Thanks a lot jairichi. I exit US before October and come to USA after October 1st with L1 status. Now is it possible i can be cap exempt if i find any employer to file my H1? if so can you please explain.

Yes, an employer can file a cap exempt H1B petition anytime as long as you have not reached the max allowed stay of 6 years on H1B and L1 combined together.