| Q. |
H1b Revival & Recapture
Hi, My H1B was approved on 22nd January, 2001. But it was not stamped on my passport. Since then I never came to US on H1B. I travelled to US on B1/B2 for business visits in 2006, then Since 2007 I am on L1A. Can I recapture anytime and revive that H1B which I never used? And then Can I change my status from L1A to H1B.? My L1A and I-94 are valid till March 2010. Please help me
User's Location:
Cedar Rapids, Iowa, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
The only way to change to a H-1b right now would be to have a sponsor that is a non-profit organization that is cap exempt. You would not have to recapture time, you would be starting fresh. You would be applying on April 1, 2009 under the lottery system for a start date of Oct 1, 2009. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.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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| Q. |
Thanks for your response, But I know that I can file the new H1B next year. I wanted to know if I can do something to use this existing approved H1B? But from your response, it seems like I cannot do anything in order to use this existing H1B. |
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| A. |
No, there is nothing. The h-1b has since expired, you never been granted status as H-1b and never worked as a H-1b worker. It also seems you have been outside the country for more than one year since then. Is that true? if so, you can not use it. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.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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