COS from L1b to unused ,expired h1b approval

Hi Saurabh,

I am working for company A on L1b from April 05,2012 in usa.I am with this company from last 8 A filed h1b in 2008 and got it approved in lotttery.

I did not go to consulate for stamping as I have traveled to europe on other project.

My h1b approval was valid from 10/01/2008 to 08/12/2011 .Now it expired.

  1. Can company B revive or file h1b for me anytime in year under cap exempt

if they can revive ,How long I can stay on revived h1b.

  1. should i go for new h1b in april ,2013

  2. would it be easy for company A to revive h1b(i would stay with this company if they revive h1b)

Thank you in advance.



  1. Yes. USCIS will approve the H-1 petition for a term of 1-3 years based on submitted documents and information. Overall, you can stay in US for 6 years on H-1 and L-1. Only the time spent inside US on these visa statuses is counted

  2. You can use the old petition to have a company file cap-exempt petition for you

  3. Yes, they can also do that. Any employer will have to file a cap-exempt petition for you along w/ COS from L-1 to H-1. In case of A, this will be an extension and will cost less; in case of B, this will be transfer and will cost more to the company.