I am working in US presently on a L1B-I visa for the past 1.5 yrs for company A. Now if I want to join company B, my option would be that company B sponsors a H1B for me, but since this year’s quota has got over, this option is ruled out.
However, I had been to US previously on a H1-B visa (via same company A) and stayed for 3 yrs on that H1B visa (June 2004 to May 2007). After that I went back to India and my H1B visa got expired in July 2008. So essentially I utilized 3 yrs from my H1B visa. I have heard that since I had an old H1-B visa which was not completely utilised for 6 years, then the new employer B can use this H1-B petition to get me a visa for the remaining term. Moreover, since the original H1B petition was already approved, so this will not be counted against this year’s quota as well.
Is this possible? If yes, then what will be the tenure for which I will get my H1-B visa? Will it be 6-3 = 3 yrs or will it be 6-3-1.5 (for L1B period stay) = 1.5 yrs?
Another option which I came across a blog was that a Green Card can be applied by a new employer for future employement. Once the employer files a GC for a prospective employee, then the employee can start working for that employer from that day onwards and he /she does not have to wait till the approval stage.
Will this work out?
An early response will be very helpful.