| Q. |
L1 to Old H1 transfer
I worked in US for the period(2000-2002) then i returned to my home country on jan 2003 and H1 was expired in Dec 2003.
In May 2008, I came to US on L1B and on Nov15 2008 i got laid off due to economic situation. My employer mentioned that they will not notify INS until Dec31.
Meanwhile there is another company who is willing to employ me and willing to transfer from L1 to H1.
Can it be transferred or change of status from L1 to H1 using my old H1B?
User's Location:
Vienna, Virginia, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thank you for your question and I am sorry to hear about your layoff.
The main issue for you is whether your new H-1B application would be subject to the annual H-1B cap. Generally, an H-1B nonimmigrant who has already been counted toward a cap in the six years prior to the approval of a new petition will not be counted again unless the beneficiary has been outside the United States for one year or more and is seeking to return to the United States for a full six years of authorized H-1B admission. You were last counted under the H-1B cap in 2002, which is more than six years back, and you were out of the U.S. for more than one year.
Therefore, you cannot do change of status to H-1B cap-subject employer. You can, however, do change of status to a cap-exempt employer (such as university or non-profit research organization).
Please let me know if you have any further questions or concerns.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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