H1B Visa Transfer after career break - approved petition,not stamped

USA H1B Visa
1

Hi,

Can somebody please help me to clarify below queries:

I got an approved H1B petition from say Company A in 2011. Petition was approved for 3 years. Unfortunately I could not go for stamping after that and left job for some personal reason.I am currently with Company B and my questions are:

  1. Is there any chance to get advantage of the approved H1B petition? What if Company A has withdrawn that long back?

  2. Can my current employer file a quota exempt H1B for me?Who are eligible employer to do so?Will it cost them more than a L1 or fresh H1B?

  3. Will there be any issue with my career break in H1B visa stamping further?

  4. Can I directly apply to a US company stating that I have valid H1B?

  5. If I travel to US on L2/H4 visa; can I transfer it to H1B as once I had approved H1B petition.

Your help is highly appreciated.

Thanks.

2

  1. Cap-exempt petition can be filed for you even now.

  2. If your employer has a job opening in US that suits your profile then they can file H-1 cap-exempt for you. L-1 can be applied only if you work in the employer specific specialized knowledge.

  3. No

  4. You can approach a 3rd employer. They will still have to file a cap-exempt petition for you just like B

  5. Yes. Once in US, an employer can file cap-exempt petition + COS from L-2/H-4 to H-1 for you. Once approved, you can start working on H-1.