H1 CAP Exempt

USA H1B Visa
1

Hi,

am currently working in L1 and Need some details on H1 Petition. I have an approved H1 petition below are the Details

Notice Date: June 6, 2008
Petition Validity: October 1 2008 until Sept 28 2011

I have not used this petition and visa was not stamped for this petition.I was planning to do a H1 Transfer under CAP Exempt with an Employer initailly he confirmed the Position will be open in Sept 2014 and now he is saying it is delayed till Dec 2014.

As per initial agreement with the Employer i was planning to use my Old Peition before 6yrs (which ends in Sept 2014) but now as position is delayed. Can i have below option

  1. Apply for the Transfer of status from L1 to H1 under CAP Exempt before it Expires.

  2. If approved as my status will change from L1 to H1, i am planning to go back to india or near by country and comeback again on L1 (with New I94).

  3. Now when my Position is opened in Dec i will apply H1 Transfer with New Petition or will go for H1 Stamping.

Please Advice if this Works.

Thanks

Mohan

2

Yes, this works. It is the right series of steps to protect your cap exempt eligibility

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu