L2-EAD to (Unused, expired) H1-B with COS


I am currently employed in the US with a L2-EAD permit. I have a unused and expired H1-B visa(petition approved and visa stamped) through my previous employer. The H1-B petition was approved in 2008 and visa was valid until june 2011. But I had to quit the previous job without utilizing the visa. Hence I did not attempt a transfer when I started working in Mar 2011.

  1. Now is it possible to apply for a COS from L2-EAD to H1-B??

  2. Will this application be CAP exempt on the basis of the previously approved petition?

  3. I do not know if my previous employer cancelled/revoked my petition after I quit. Is there any way to find this out?



  1. Yes. But for that your new employer should file a new cap-exempt H1B petition on your behalf and that can be filed w/ COS.

    1. Yes, the new H1B petition will be cap-exempt.

    2. You may use that receipt number to lookup the status in the USCIS website, but I am not sure if that will show an accurate status. Its better to check with your previous employer to confirm this. Even if that petition was cancelled/revoked, you could use it for a cap-exempt filing.