jammyj Posted July 24, 2014 Report Share Posted July 24, 2014 Hi, 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? Link to comment
jairichi Posted July 24, 2014 Report Share Posted July 24, 2014 Yes, it can be done. You are eligible for 72 months - (44 months on H1B and time spent on L1A). Link to comment
mackr Posted July 28, 2014 Report Share Posted July 28, 2014 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? Link to comment
jairichi Posted July 29, 2014 Report Share Posted July 29, 2014 There is nothing called reinstatement on H1B. Employer files a new cap exempt H1B petition. Once approved you can start working. It takes 3 to 4 months for regular processing and 15 calendar days for premium processing. Link to comment
jammyj Posted December 22, 2014 Author Report Share Posted December 22, 2014 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. Link to comment
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