H1B Cap exempt eligibility for expired petition


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Here is my case. I have an expired H1B petition from a previous company A. This H1B is expired in April 2009 after 44 months of this visa being utilized (44 months of stay in US). Right now I am in US working for a company B on L1A visa petition. I want to find out if I can use my expired H1B petition from company A and switch my employer. Will I be able to switch jobs here in US where a new employer can apply for H1 transfer in Cap exempt?

Another question I have is if I can switch jobs in US with H1B cap exempt, how long will I be able to stay in US considering that I have utilized 44 months of H1B with my previous employer A?

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I have a similar case:

1) While previously on H4, Company A filed for H1B and started working in October 2013. After 1 month on H1B, lost the job . COS to H4 in Nov 2013.


2) Now Company B ready to hire ASAP.... Wud like to be reinstated to the original H1B, if possible..


Is it possible?...How long would this reinstatement take? does it take like 4 or 5 months like a fresh H1B?

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  • 4 months later...

You have mentioned that I will be eligible for the H1B Cap exempt but the stay here will be decided on the total stay I had on my previous H1B (44 months) and L1 visa stay. Here are the sequence of events for me.

1) My previous expired H1B stay = 44 months - Petition Expired in April 2009

2) I stayed in India for a period of 2 years after April 2009

3) Company B filed my L1B and I came back in US in Aug 2011 and have stayed in US on L1B visa for a period of 2.5 years

4) Same company B filed L1A visa in this year and am staying in US till date - 7 months.


Now my question is that is my L1B and L1A visa cases being considered as fresh applications and have nothing to do with H1B stay? If yes, then will I be able to reopen my H1B case as an Cap Exempt and if yes with how much of maximum stay should I expect?

Thanks in advance for your support.

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