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I am looking for an advice on moving out from L1B to H1B. I am in US with employer A L1B and applied for H1B with employer B in 2013. I travelled to India before H1B approval and it got approved while I was in India but the COS is abandoned.

Since my COS got abanoned I was working with employer A (L1B). Now I would like to move to H1B and get settled down in US, what are my options ?

1. Can I request employer B to reinstate my COS ?

2. Reapply H1B with COS as premium with Employer C 

3. Only option is to go out of US and get stamping done froom India ?



Please help me out with your suggestions.

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  • 2 weeks later...

1. Employer B has to file a cap exempt H1B petition with COS.

2. Yes, can be done.

3. That is an option if the H1B petition is still valid. By law employer B should have revoked your H1B petition as you did not join them.

Thanks Jairichi. I though we needed a consular processing for answer 1 ? Can my original H1B sponsor can reapply my h1b with cos ?

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