L1 to H1 conversion

[sudhakarhcu]

Hi,

 

I have an approved H1 petition and it was valid from 01-Oct-2007 to 30-Sep-2010. I have not used this petition and visa was stamped for this petition. I am currently traveled to US on L1A visa and am here for past 2 years

 

Can my new employer file a new H1B petition for me in cap exempt category as I have not used my H1B visa (expired).

 

Thanks in advance.

 

Regards,

Sudhakar

[jairichi]

 

Hi,

 

I have an approved H1 petition and it was valid from 01-Oct-2007 to 30-Sep-2010. I have not used this petition and visa was stamped for this petition. I am currently traveled to US on L1A visa and am here for past 2 years

 

Can my new employer file a new H1B petition for me in cap exempt category as I have not used my H1B visa (expired).

 

Thanks in advance.

 

Regards,

Sudhakar

 

Yes, you are cap exempt and you are eligible for 6 years - time spent in US on L1.