L1 to H1B Conversion under H1B Cap Exempt


I have approved H1B Petition and stamped Visa from previous employer . The Validity for H1B Visa expired in Oct 2009 ( Petition valid form Oct 2006 - Oct 2009 ). My Current Employer filed for L1 Blanket and I travelled to US and worked there for 21 months. I have never travelled to US on H1B and hence couldnt utilise the H1B Visa.

I am back to India and for 7 months my employer is planning to send me to US. Can I apply for L1 to H1B Transfer using the old unused petition in Jan2013 when my L1 will expire under H1B Cap Exempt category?.

Your response is greatly appreciated.



I don’t think you can use your old H1B petition for cap-exempt filing as it will be more than 6 years, since it was first approved, by 2013.