H1B Expired and currently holding L1B, want to get H1B

I had H1B visa issued in Apr2007 and expired in Apr2009. With that Visa i worked in USA from 2nd Feb 2008 to 06 Oct2008.


Now i am holding L1B which was issued in May 2010 and will expire in Apr 2013. Right now i am in USA.


If i want to change the status to H1B what is the process? Where do i need to start.


Will i come under regular quota? Or other category? Appreciate your help.




You need to find an employer who is willing to process your H1B. Since you were out of status for more than a year, I presume you will have to go through cap-subject quota. You need to talk to a good immigration attorney to confirm whether you are eligible for cap-exempt petition, considering your previously approved H1B. Or else you need to find an employer who is eligible to file cap-exempt petitions (like NFP organizations, Universities, etc.). In any case if you can file cap-exempt petition, you can do that any time of the year.

But I think its nearly impossible for you this year as quota for FY2013 H1B is almost finished - maybe by end of this week. You can go for next year's quota (FY2014), but will have to wait till April 2013 to file the petition and till 1st October 2013 to start work. In this case either you have to file extension of your L1B from April 2013 till end of September 2013 or go out of US and enter with stamped H1B VISA.

Hope that answers your question.




Agree w/ Sujith’s response except that you are also eligible for cap-exempt petition based on your previous approval.