L1 to unused and expired H1B status change

USA H1B Visa
1

Hi,

This is regarding my husband’s visa satus change. He is currently working on L1 (B) visa from last 2 years and he had H1B approval (starting 2009) which expired last year.

Can we reactivate the same H1B under Cap-Exempt case? If so, then for how much period that H1b will be renewed as he has worked in L1 for 2 years now and never used or travelled in USA as H1B ?

Can he use the reactivated H1B immediately or he has to wait till October ?

Thanks!

2

This “reactivation” is basically an employer filing H-1 cap-exempt petition for him. This can be done anytime during the year and is not subject to cap. He cannot do it, but an employer can.

The employer can request a period of 1-3 years and USCIS will approve it for a term based on their review. Overall, a person can stay and work in US on H-1 and L-1 visas for 6 years. So if he has spent 2 years on L-1, he has 4 years left to be used on H-1.